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UPTON v. CITY OF ANTIOCH

Docket No. 18355.

171 Cal.App.2d 858 (1959)

341 P.2d 756

FRANCELLA UPTON et al., Appellants, v. CITY OF ANTIOCH et al., Respondents.

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

July 13, 1959.

Attorney(s) appearing for the Case

O.F. Fenstermacher for Appellants.

Tinning & DeLap and Max Wilcox, Jr., for Respondents.

DOOLING, J.

Plaintiffs appeal from a summary judgment entered in favor of defendants city of Antioch, P.K. Biglow its superintendent of streets, B.H. Maynard its director of public works and city engineer, and Phil E. Minner its city manager. The action is based upon injuries alleged to have been suffered when an automobile struck a protruding pipe in a street under construction in the city of Antioch.

From the affidavits presented on the motion for summary...

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