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PEOPLE EX REL. PUB. UTIL. COM. v. CITY OF FRESNO

Docket No. 744.

254 Cal.App.2d 76 (1967)

62 Cal. Rptr. 79

THE PEOPLE ex rel. PUBLIC UTILITIES COMMISSION, Plaintiff and Appellant, v. CITY OF FRESNO et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

September 1, 1967.

Attorney(s) appearing for the Case

Mary Moran Pajalich and John C. Gilman for Plaintiff and Appellant.

Lerrigo, Thuesen & Thomson and Maurice E. Smith as Amici Curiae on behalf of Plaintiff and Appellant.

Robert H. Baida, City Attorney, Spencer Thomas, Jr., and James W. Shumar, Assistant City Attorneys, Alan D. Davidson and David M. Kennedy, Deputy City Attorneys, and Crossland, Crossland, Richardson & Coswell for Defendants and Respondents.

GARGANO, J.

Appellant instituted this action to set aside a final judgment of condemnation acquired by respondent City of Fresno against the Bowen Land Company, Inc., a public utility company. Respondents filed general demurrers to the complaint, which were sustained by the trial court (Judge Thompson) with leave to amend. Appellant, however, elected to rest on its complaint, and after it failed to amend, respondents' motion for a dismissal of the complaint was granted...

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