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WUNDERLICH v. STATE EX REL. DEPARTMENT OF PUBLIC WORKS

Docket No. L.A. 28983.

65 Cal.2d 777 (1967)

423 P.2d 545

56 Cal. Rptr. 473

THEODORE G. WUNDERLICH et al., Plaintiffs and Respondents, v. STATE OF CALIFORNIA EX REL. DEPARTMENT OF PUBLIC WORKS, Defendant and Appellant.

Supreme Court of California. In Bank.

February 10, 1967.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Walter S. Rountree, Assistant Attorney General, George M. Goffin, Deputy Attorney General, Harry S. Fenton, Kingsley T. Hoegstedt, Orrin F. Finch, William S. Ashton, Jr., Ronald A. Zumbrun and Richard W. Bower for Defendant and Appellant.

Harold W. Kennedy, County Counsel (Los Angeles), Lloyd S. Davis, Chief Deputy County Counsel, P.A. Towner, Robert W. James, William L. Berry, Jr., Bertram McLees, Jr., County Counsel (San Diego), David B. Walker, Deputy County Counsel, Keith C. Sorenson, District Attorney (San Mateo), and John B. Segall, Deputy District Attorney, as Amici Curiae on behalf of Defendant and Appellant.

Monteleone & McCrory and David P. Yaffe for Plaintiffs and Respondents.

Thelen, Marrin, Johnson & Bridges as Amici Curiae on behalf of Plaintiffs and Respondents.

PEEK, J.*

Defendant State of California appeals from a judgment based upon its alleged breach of warranty with respect to a source of materials available to plaintiff contractors for the construction of 14.4 miles of state highway in Riverside County.

In April 1954 plaintiffs, as prospective bidders on the project, were furnished by the Department of Public Works a copy of the "Special Provisions, Proposal and Contract," a document...

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