United States v. 76.15 Acres of Land

This is an action for condemnation of 76.15 acres of land owned by the University of California in Alameda County, California. Prior to the condemnation by the United States the University had leased the land in question to various tenants, who are named defendants herein. One of these tenants, Dade Export Engineers, Inc., subleased • a portion of its premises to Daniel A. Dutro, General Partner, Anthony Dutro and John A. Du-tro, Limited Partners, doing business under the firm name and style of Dutro Company, and sued herein as Third Doe Corporation. Insofar as these proceedings are concerned, it is sufficient to say that the defendants, University of California, Dade Export Engineers, Inc., and Dutro Company have all filed answers to the complaint in condemnation. At the same time, however, the named tenant and subtenant of the University have filed cross-complaints against the University in this action, asking for damages for breach of the lease and sublease by the University. The United States, after filing a Declaration of Taking, deposited the sum of $774,000 in the Registry of this court, and the University has made application to withdraw the sum on deposit in toto. The…