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ALPHA BETA ACME MARKETS, INC. v. CITY OF WHITTIER

Docket No. 31161.

262 Cal.App.2d 16 (1968)

68 Cal. Rptr. 327

ALPHA BETA ACME MARKETS, INC., Plaintiff and Appellant, v. CITY OF WHITTIER et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Four.

May 7, 1968.

Attorney(s) appearing for the Case

Turpit, Thompson & Miller and Wayne E. Thompson for Plaintiff and Appellant.

Wilson, Jones, Morton & Lynch, Robert G. Auwbrey, and Bewley, Lassleben & Whelen for Defendants and Respondents.

KINGSLEY, J.

This is an appeal from an order of dismissal under Code of Civil Procedure section 581, subdivision 3 as to defendants City of Whittier and Whittier Uptown Parking District No. 2. The order of dismissal was based upon sustaining of demurrers to each of plaintiff's six causes of action as set forth in its first amended complaint upon representation of counsel for plaintiff that no facts could be added if leave to amend were granted.

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