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PACIFIC ROCK ETC. CO. v. CITY OF UPLAND

Docket Nos. L.A. 28898, 28899.

67 Cal.2d 666 (1967)

433 P.2d 476

63 Cal. Rptr. 572

PACIFIC ROCK AND GRAVEL CO., Plaintiff and Respondent, v. CITY OF UPLAND, Defendant and Appellant. WILLIAM KISTINGER et al., Plaintiffs and Respondents, v. CITY OF UPLAND, Defendant and Appellant. (Consolidated Cases.)

Supreme Court of California. In. Bank.

November 14, 1967.

Attorney(s) appearing for the Case

Donald E. Maroney, City Attorney, Martin & Flandrick, Charles R. Martin and Robert A. Neher for Defendant and Appellant.

Jones, Crowe, Bailin & Gladson, Crowe, Bailin & Gladson and Samuel Crowe for Plaintiffs and Respondents.

BURKE, J.

In these cases, consolidated for trial and for appeal, defendant City of Upland appeals from judgments permanently enjoining it from any further proceeding to conduct a referendum election previously set for July 13, 1965, concerning a railroad spur track franchise granted by defendant's city council to The Atchison, Topeka and Santa Fe Railway Co., for the benefit of plaintiff Pacific Rock and Gravel Co. As will...

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