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UNIVERSAL BY-PRODUCTS, INC. v. CITY OF MODESTO

Docket No. 1887.

43 Cal.App.3d 145 (1974)

117 Cal. Rptr. 525

UNIVERSAL BY-PRODUCTS, INC., Plaintiff and Appellant, v. CITY OF MODESTO, Defendant and Respondent.

Court of Appeals of California, Fifth District.

November 15, 1974.

Attorney(s) appearing for the Case

COUNSEL

Loeb & Loeb and Robert A. Holtzman for Plaintiff and Appellant.

Elwyn L. Johnson, City Attorney, and J. David Fitzsimons, Assistant City Attorney, for Defendant and Respondent.

OPINION

FRANSON, J.

Appellant appeals from a judgment dismissing its amended complaint against respondent for damages allegedly arising out of a fraud, a breach of contract and a conspiracy. The trial court sustained a general demurrer to each cause of action. We affirm.

(1) (See fn. 1.) The basic issue is whether a municipality, having elected to submit to competitive...

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