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RIO VISTA GAS ASSN. v. STATE OF CALIFORNIA

Docket No. 9947.

188 Cal.App.2d 555 (1961)

10 Cal. Rptr. 559

RIO VISTA GAS ASSOCIATION (a Corporation), Appellant, v. STATE OF CALIFORNIA et al., Respondents.

Court of Appeals of California, Third District.

January 26, 1961.

Attorney(s) appearing for the Case

Hildebrand, Bills & McLeod for Appellant.

Stanley Mosk, Attorney General, Robert Burton, Deputy Attorney General, McCutchen, Black, Harnagel & Shea, Harold A. Black, Morris M. Doyle, Ray Vandervoort, G. Richard Doty, Richard H. Peterson, Frederick W. Mielke, Jr., John A. Sproul, Michael G. Harrington, Archibald M. Mull, Jr., Hanna & Morton, Harold C. Morton, Max K. Jamison, Pillsbury, Madison & Sutro, Turner H. McBaine, Thomas E. Haven, J. Arthur Tucker and R.K. Barrows for Respondents.

SCHOTTKY, J.

This is an appeal from a judgment in the superior court sustaining a demurrer to plaintiff's first amended complaint without leave to amend. The plaintiff Rio Vista Gas Association also appeals from an order of the lower court refusing to rescind cost bonds on file and from the taxing of costs under section 473 of the Code of Civil Procedure after the time for filing a cost bill had expired.

The allegations of the first amended complaint are substantially...

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