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OAKLAND-ALAMEDA CTY. BUILDERS' v. F.P. LATHROP CONSTR.

Docket No. S.F. 22763.

4 Cal.3d 354 (1971)

482 P.2d 226

93 Cal. Rptr. 602

OAKLAND-ALAMEDA COUNTY BUILDERS' EXCHANGE et al., Plaintiffs and Appellants, v. F.P. LATHROP CONSTRUCTION COMPANY, Defendant and Respondent.

Supreme Court of California. In Bank.

March 23, 1971.

Attorney(s) appearing for the Case

COUNSEL

MacDonald, Brunsell & Walters and William Walters for Plaintiffs and Appellants.

Robert J. Foley, Foley, McIntosh & Foley, Foley, Saler & Doutt, William H. Orrick, Jr., and Orrick, Herrington, Rowley & Sutcliffe for Defendant and Respondent.

Thomas C. Lynch and Evelle J. Younger, Attorneys General, and Wallace Howland, Deputy Attorney General, as Amici Curiae on behalf of Defendant and Respondent.

OPINION

MOSK, J.

Plaintiffs appeal from a judgment on the pleadings rendered in favor of defendant in their action for declaratory relief and damages for breach of the rules of a bid depository. We here determine whether certain of the rules of the bid depository constitute per se violations of the antitrust law of California.

Bid depositories are creations of the construction industry, generally established by construction...

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