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TOWN OF EMERYVILLE v. DURKEE

Docket No. 15774.

127 Cal.App.2d 152 (1954)

273 P.2d 282

TOWN OF EMERYVILLE, Appellant, v. FRANK B. DURKEE, as Director of State Department of Public Works and Chairman of Highway Commission, et al., Respondents.

Court of Appeals of California, First District, Division One.

August 18, 1954.

Attorney(s) appearing for the Case

William H. Quinn, City Attorney, Weinmann, Rode, Burnhill & Moffitt and Cyril Viadro for Appellant.

Edmund G. Brown, Attorney General, Herbert Wenig, Deputy Attorney General, Robert E. Reed, Holloway Jones, Jack M. Howard and Edward L. Doyle, for Respondents.

BRAY, J.

Plaintif appeals from a judgment dismissing the action following the sustaining of a demurrer to the complaint and the granting of a motion to dismiss.

QUESTION PRESENTED

The principal question is whether the complaint states or could state a cause of action. The determinative question in this regard is the interpretation of the contract between plaintiff and defendant Department of Public Works.

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