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CITY OF SUSANVILLE v. LEE C. HESS CO.

Docket No. Sac. 6576.

45 Cal.2d 684 (1955)

290 P.2d 520

CITY OF SUSANVILLE, Petitioner and Respondent, v. LEE C. HESS COMPANY (a Corporation), Appellant; ANN RATHNER, as City Clerk, etc., et al., Cross-Defendants and Respondents.

Supreme Court of California. In Bank.

December 2, 1955.

Attorney(s) appearing for the Case

Clewe, Blade & McDonald and Robert W. Anderson for Appellant.

Donald P. Cady, City Attorney, Sturgis, Den-Dulk, Douglass & Henes and Eugene K. Sturgis for Respondents.

Richard C. Waltz, City Attorney (Beverly Hills), Archie L. Walters, City Attorney (Burbank), Grayson Price, City Attorney (Chico), Thomas F. McBride, City Attorney (Concord), Donald A. Stewart, City Attorney (El Cajon), Donald H. Smith, City Attorney (Seaside), C.M. Ozias, City Attorney (Fresno), Leo R.B. Henrikson, City Attorney (La Mesa), Allen Grimes, City Attorney (Modesto), John H. Collier, City Attorney (Oakland), Hilton W. Melby, Assistant City Attorney, Karl Brooks, City Attorney (Petaluma), J.F. DuPaul, City Attorney (San Diego), and John A. Nejedly as Amici Curiae on behalf of Respondents.

McCOMB, J. pro. tem.*

This cause was transferred to this court after decision by the District Court of Appeal, Third Appellate District. Upon further examination of the record, we adopt the opinion of Mr. Presiding Justice Van Dyke, with such omissions and additions as hereinafter appear, as and for the decision of this court. As modified, it reads:

"The city of Susanville adopted a resolution...

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