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PAC. TEL. & TEL. CO. v. CITY & COUNTY OF S.F.

Docket No. S.F. 20060.

51 Cal.2d 766 (1959)

336 P.2d 514

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

Supreme Court of California. In Bank.

March 17, 1959.

Attorney(s) appearing for the Case

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

Dion R. Holm, City Attorney, George E. Baglin and Robert M. Desky, Deputy City Attorneys, for Respondent.

Roger Arnebergh, City Attorney (Los Angeles), Bourke Jones, Assistant City Attorney, and Ralph J. Eubank, Deputy City Attorney, as Amici Curiae on behalf of Respondent.

McCOMB, J.

Plaintiff, hereinafter referred to as "the telephone company," brought an action for declaratory relief to establish its claim of a state franchise to construct and maintain telephone lines in the streets in the city and county of San Francisco. The city and county of San Francisco is hereinafter referred to as "the city."

After trial before the court without a jury, the court found that the construction and maintenance of telephone and telegraph...

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