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PELLANDINI v. PACIFIC LIMESTONE PRODUCTS, INC.

Docket No. 22962.

245 Cal.App.2d 774 (1966)

54 Cal. Rptr. 290

DONALD C. PELLANDINI et al., Plaintiffs and Appellants, v. PACIFIC LIMESTONE PRODUCTS, INC., Defendant and Respondent.

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

October 21, 1966.

Attorney(s) appearing for the Case

Dal Pogetto & Chown and Norman Chown for Plaintiffs and Appellants.

Mary Moran Pajalich, Roderick B. Cassidy and Timothy E. Treacy as Amici Curiae on behalf of Plaintiffs and Appellants.

Murphy & Adams and William G. Filice for Defendant and Respondent.

DEVINE, J.

Appellants, operators of a trucking company, and respondent manufacturer made a written contract which purported to be one of purchase and sale of limestone products. The Public Utilities Commission found, however, on hearing, that the contract was one for transportation and not for sale, and that it was a device by which appellants undercharged respondent. The commission ordered appellants to bring action against respondent to recover the undercharges...

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