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GENSER v. McELVY

Docket No. 33093.

276 Cal.App.2d 709 (1969)

82 Cal. Rptr. 521

CHARLES M. GENSER et al., Plaintiffs and Appellants, v. CARL C. McELVY, as State Architect, et al., Defendants and Respondents.

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

October 9, 1969.

Attorney(s) appearing for the Case

Hill, Farrer & Burrill, Stanley E. Tobin, Kyle D. Brown, Jack R. White and William M. Bitting for Plaintiffs and Appellants.

Thomas C. Lynch, Attorney General, Sanford N. Gruskin and Bruce Wm. Dodds, Deputy Attorneys General, Herbert L. Ashby, County Counsel, and Dorothy L. Schechter, Assistant County Counsel, for Defendants and Respondents.

Eugene Miller and C. Eugene Givens as Amici Curiae on behalf of Respondents.

CHANTRY, J. pro tem.*

The Simi Valley Unified School District entered into a contract for the construction of Simi Valley High School No. 2. The contract specified that all drain, waste, vent pipes and fittings, and other plumbing facilities installed be of metal or its equivalent. Construction began in December 1966. In January 1967, petitioners discovered that plastic pipe was being installed in the drain, waste, and vent systems in...

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