CITY OF PETALUMA v. PAC. TEL. & TEL. CO.

Docket No. Sac. 6353.

44 Cal.2d 284 (1955)

282 P.2d 43

CITY OF PETALUMA, Appellant, v. THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY (a Corporation), Respondent.

Supreme Court of California. In Bank.

April 15, 1955.


Attorney(s) appearing for the Case

Karl Brooks, City Attorney, and Stephen B. Robinson for Appellant.

Pillsbury, Madison & Sutro, John A. Sutro, Francis N. Marshall and Noble K. Gregory for Respondent.


GIBSON, C.J.

The city of Petaluma brought this action to restrain Pacific Telephone and Telegraph Company from using city streets for telephone and telegraph service until it obtains a municipal franchise to conduct a communications business and to use the streets and other public places for its lines and equipment. A general demurrer was sustained to the complaint, and the city has appealed from the ensuing judgment.

Petaluma operated as a city of the fifth...

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