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  5. 188 Cal.App.2d 833 (1961)
 

V.R. DENNIS CONSTRUCTION CO. v. CITY OF SAN DIEGO

Docket No. 6436.

188 Cal.App.2d 833 (1961)

10 Cal. Rptr. 894

V.R. DENNIS CONSTRUCTION COMPANY, Respondent, v. THE CITY OF SAN DIEGO et al., Appellants.

Court of Appeals of California, Fourth District.

February 6, 1961.

Attorney(s) appearing for the Case

J.F. Du Paul, City Attorney, Alan M. Firestone, Chief Deputy, and W.E. Starke for Appellants.

Edwin L. Thacher for Respondent.

SHEPARD, J.

This is an appeal from a judgment holding invalid certain improvement proceedings leading to a contract for improvement of a portion of Myrtle Avenue and 39th Street in the city of San Diego.

The facts came to the trial court by stipulation, there being no dispute in respect thereto. For the purpose of the present controversy, they are substantially as follows: In a proceeding under the "Improvement Act of 1911" (Sts. & Hy. Code, § 5000...

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