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DIABLO BEACON PRINTING & PUB. CO., INC. v. CITY OF CONCORD

Docket No. 21727.

229 Cal.App.2d 505 (1964)

40 Cal. Rptr. 443

DIABLO BEACON PRINTING & PUBLISHING COMPANY, INC., et al., Plaintiffs and Appellants, v. CITY OF CONCORD et al., Defendants and Respondents.

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

September 3, 1964.

Attorney(s) appearing for the Case

Marcus, Lohstroh & Bresnahan and Terrance M. Bresnahan for Plaintiffs and Appellants.

Thomas F. McBride, City Attorney, and Samuel Conti, Deputy City Attorney, for Defendants and Respondents.

BRAY, P.J.

Plaintiffs appeal from judgment entered on order sustaining demurrer without leave to amend.1

QUESTION PRESENTED

Does the complaint, which alleges that defendant city council unlawfully accepted a higher bid for the publication of legal notices in a newspaper where the successful bidder did not state the paper's circulation within the city, as called for in the notice to bidders, state a cause of action?

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