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• <br /> <br />The Court has already ruled that Southern Pacific <br />cannot defend this suit on the basis of any claimed delay <br />by the City in bringing suit to enforce the zoning ordinance <br />or to enforce the public's rights in the streets; and it has <br />also ruled that Southern Pacific is free to press its claim <br />that the City's alternative right of condemnation should be <br />denied under the circumstances and is free to press its <br />alternative claim of its right to condemn both streets for <br />railroad use. Numerous depositions of witnesses have been <br />taken and interrogatories answered. In order to back up <br />its claim that North "L" Street exists as a dedicated public <br />• street, special counsel for the City has obtained certified <br />copies of over 80 instruments from the Deed Records and filed <br />them in the papers of this case. Several appearances have <br />been made in Court, and arguments presented concerning law <br />points. <br /> <br />-2- <br />