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CITY OF SAN DIEGO v. SOUTHERN ETC. TEL. CORP.

Docket No. L.A. 22321.

42 Cal.2d 110 (1954)

266 P.2d 14

THE CITY OF SAN DIEGO, Plaintiff and Appellant, v. SOUTHERN CALIFORNIA TELEPHONE CORPORATION (a Corporation), Defendant and Appellant.

Supreme Court of California. In Bank.

January 22, 1954.

Attorney(s) appearing for the Case

J.F. DuPaul, City Attorney, Shelley J. Higgins, Assistant City Attorney and T.B. Cosgrove for Plaintiff and Appellant.

John A. Sutro, Francis N. Marshall, Noble K. Gregory, Pillsbury, Madison & Sutro, Oscar Lawler, Leslie C. Tupper and Lawler, Felix & Hall for Defendant and Appellant.

Walter C. Fox, Jr., and Chickering & Gregory, as Amici Curiae on behalf of Defendant and Appellant.

TRAYNOR, J.

Plaintiff city of San Diego by Ordinance No. 5681 granted defendant Southern California Telephone Company1 a franchise to construct, maintain, and operate a system of telephone poles and wires upon the public streets of the city for a period of 30 years from August 7, 1914. When the franchise expired in 1944, the company assumed that under section 536 of the Civil Code (now Pub. Util...

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