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PETER KIEWIT SONS' CO. v. PASADENA CITY JUNIOR COLLEGE

Docket No. L.A. 26950.

59 Cal.2d 241 (1963)

379 P.2d 18

28 Cal. Rptr. 714

PETER KIEWIT SONS' COMPANY, Plaintiff and Respondent, v. PASADENA CITY JUNIOR COLLEGE DISTRICT OF LOS ANGELES COUNTY, Defendant and Appellant.

Supreme Court of California. In Bank.

February 28, 1963.

Attorney(s) appearing for the Case

Harold W. Kennedy, County Counsel, and James W. Briggs, Deputy County Counsel, for Defendant and Appellant.

Robert E. Reed, Harry S. Fenton, Kingsley T. Hoegstedt and Orrin F. Finch as Amici Curiae on behalf of Defendant and Appellant.

Latham & Watkins and Ira M. Price II for Plaintiff and Respondent.

GIBSON, C.J.

Defendant, a junior college district, entered into a contract to pay plaintiff $1,071,325 for the construction of school facilities. The final payment of approximately $137,000 was withheld by defendant, and this action was brought to recover that sum plus interest and $600 for additional work and materials furnished by plaintiff. Defendant thereafter paid plaintiff $102,523.61 of the sum withheld but retained the remainder, claiming certain offsets....

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