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CITY AND COUNTY OF SAN FRANCISCO v. TRANSBAY CONST. CO.

No. 10168.

134 F.2d 468 (1943)

CITY AND COUNTY OF SAN FRANCISCO v. TRANSBAY CONST. CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 1, 1943.

Attorney(s) appearing for the Case

John J. O'Toole, City Atty., and Dion R. Holm and Henry Heidelberg, Deputy City Attys., all of San Francisco, Cal. (Maurice E. Harrison, of San Francisco, Cal., of counsel), for appellant.

Samuel S. Stevens and Heller, Ehrman, White & McAuliffe, all of San Francisco, Cal. (Sidney M. Ehrman, of San Francisco, Cal., of counsel), for appellee.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

This suit involves a contract between Transbay Construction Company and the City of San Francisco for the elevation of the O'Shaughnessy Dam, a structure erected by the city a number of years ago on the Tuolumne River in Yosemite National Park.1 Jurisdiction is conferred by diversity of citizenship.

As originally constructed, the dam was of the arched gravity type with a height of 226 feet above stream bed...

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