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CHAS. L. HARNEY, INC. v. STATE OF CALIFORNIA

Docket No. 20884.

217 Cal.App.2d 77 (1963)

31 Cal. Rptr. 524

CHAS. L. HARNEY, INC., Plaintiff and Appellant, v. STATE OF CALIFORNIA, Defendant and Respondent.

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

June 11, 1963.

Attorney(s) appearing for the Case

Thelen, Marrin, Johnson & Bridges, Edward J. Ruff and Peter Anderson for Plaintiff and Appellant.

Marvin E. Lewis as amicus curiae on behalf of Plaintiff and Appellant.

Stanley Mosk, Attorney General, V. Barlow Goff, Deputy Attorney General, Robert E. Reed, Harry S. Fenton, Kingsley T. Hoegstedt, John W. Anderson and Orrin Finch for Defendant and Respondent.

SULLIVAN, J.

The sole question for our determination on this appeal is whether the instant action brought on a claim against the state for work done and materials furnished for a highway project is barred by the provisions of section 644 of the Government Code. The court below concluded that it was. Plaintiff appeals from an order sustaining a demurrer to its second amended complaint without leave to amend and from the judgment of dismissal entered thereon.

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