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PARK & SHOP MARKETS, INC. v. CITY OF BERKELEY

Docket No. 45399.

116 Cal.App.3d 78 (1981)

172 Cal. Rptr. 515

PARK & SHOP MARKETS, INC., et al., Plaintiffs and Appellants, v. CITY OF BERKELEY et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

February 23, 1981.

Attorney(s) appearing for the Case

COUNSEL

Thomas W. Latham and Evans, Latham & Campisi for Plaintiffs and Appellants.

Michael Lawson and Natalie E. West, City Attorneys, Theodore R. Lakey, Acting City Attorney, and Charles O. Triebel, Jr., for Defendants and Respondents.

Douglas J. Maloney, County Counsel (Marin), and Patrick K. Faulkner, Deputy County Counsel, as Amici Curiae on behalf of Defendants and Respondents.

OPINION

FEINBERG, J.

Appellants, retail grocers doing business in the City of Berkeley, brought this action to have Berkeley City Ordinance No. 4830-N.S. declared invalid.1 The court struck section 2c(3) from the ordinance while upholding the remainder. Appellants appeal from the judgment, except insofar as section 2c(3) was held invalid.2

The City Council of Berkeley...

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