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SHEPHERD v. MILES & SONS, INC.

Docket No. 1133.

10 Cal.App.3d 7 (1970)

89 Cal. Rptr. 23

WILLARD W. SHEPHERD et al., Plaintiffs and Respondents, v. MILES & SONS, INC., et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

July 28, 1970.

Attorney(s) appearing for the Case

COUNSEL

Booth, Mitchel, Strange & Willian and George C. Mitchel for Defendants and Appellants.

Wright, Wright, Tolton & Rice and Michael F. Dillon for Plaintiffs and Respondents.

OPINION

STONE, P.J.

Defendants appeal from a judgment awarding to plaintiffs the sum of $29,179.03 and prejudgment interest.

This case arises from transactions among participants in a construction project. Guy F. Atkinson Company, prime contractor on a highway project, subcontracted with appellant Miles & Sons, Inc., a corporation,1 to furnish fill from state-designated pits. Atkinson waived...

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