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PACIFIC TEL. & TEL. v. CITY & CTY, SAN FRANCISCO

Docket No. 19538.

197 Cal.App.2d 133 (1961)

17 Cal. Rptr. 687

THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, Plaintiff and Respondent, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant and Appellant.

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

November 21, 1961.

Attorney(s) appearing for the Case

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

Pillsbury, Madison & Sutro, John A. Sutro, Noble K. Gregory, Allan N. Littman and James F. Kirkham for Plaintiff and Respondent.

BRAY, P.J.

Defendant appeals from a declaratory judgment holding that plaintiff (1) "has a valid, subsisting and existing franchise from the State of California under Public Utilities Code Section 7901 [Civ. Code, § 536; Stats. 1905, p. 492]1 to construct and maintain telephone lines in all the streets and other public places under the jurisdiction of the City and County of San Francisco" and (2) that "Defendant cannot require plaintiff...

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