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M.F. KEMPER CONST. CO. v. CITY OF L.A.

Docket No. L.A. 21472.

37 Cal.2d 696 (1951)

235 P.2d 7

M.F. KEMPER CONSTRUCTION COMPANY (a Copartnership), Plaintiff and Respondent, v. THE CITY OF LOS ANGELES et al., Appellants; M.F. KEMPER et al., Cross-Defendants and Respondents.

Supreme Court of California. In Bank.

August 28, 1951.

Attorney(s) appearing for the Case

Ray L. Chesebro, City Attorney, Bourke Jones, Assistant City Attorney and James A. Doherty, Deputy City Attorney, for Appellants.

Stephen Monteleone, John M. Martin and Frank L. Martin for Respondents.

Gardiner Johnson and Thomas E. Stanton, Jr., as Amici Curiae on behalf of Respondents.

GIBSON, C.J.

M.F. Kemper Construction Company brought this action against the city of Los Angeles to cancel a bid it had submitted on public construction work and to obtain discharge of its bid bond. The city cross-complained for forfeiture of the bond and for damages. The trial court cancelled the bid, discharged the bond, and allowed appellant city nothing on its cross-complaint. The sole issue is whether the company is...

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