United States v. Marin Rock and Asphalt Company

IRVING HILL, District Judge.

-It is necessary to state the facts of this case rather fully before dealing with the instant motion. The facts are not in dispute. Most of the important facts are set forth in the pleadings. Some additional facts were conceded at the oral argument of the instant motion.

The Defendants in the instant action are Marin Rock and Asphalt Company, Inc. (hereinafter called “Marin”) and Robert K. Foster and Florence M. Foster (hereinafter collectively called “Foster”, or “the Fosters”). In the action the government sues as landowner for damages for trespass on its land. It…