Legal Opinion

Near v. Department of Energy

District Court, E.D. California

Decided May 2, 2003No. CV S-02-57 LKKPublishedCited by 1 opinion

1Opinion of the Court

ORDER

KARLTON, Senior District Judge.

Plaintiffs sue to enjoin an agency of the United States, the Western Area Power Administration, Department of Energy (“WAPA”), from cutting down certain trees on their property. The government has counter-claimed, seeking to enforce the terms of its easement which, it claims, would require plaintiffs to remove certain structures from the easement and would allow the government to cut down certain trees. The case is before the court on the government’s motion for summary judgment on its counter-claim. I decide the matter on the pleadings and the papers on…

2Cases cited25 opinions

  1. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  2. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  3. Heckler v. ChaneySupreme Court of the United States · 1985
  4. Christensen v. Harris CountySupreme Court of the United States · 2000
  5. Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943

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3Cited by1 opinion

  1. Sibling Rivalry Diverse Services, LLC v. City of BoiseDistrict Court, D. Idaho · 2024

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