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AMERICAN MICROSYSTEMS v. CITY OF SANTA CLARA

Docket No. 52481.

137 Cal.App.3d 1037 (1982)

187 Cal. Rptr. 550

AMERICAN MICROSYSTEMS, INC., et al., Plaintiffs and Appellants, v. CITY OF SANTA CLARA et al., Defendants and Respondents.

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

December 10, 1982.

Attorney(s) appearing for the Case

COUNSEL

Lingel H. Winters, Weyman I. Lundquist, J. Philip Martin, Ian N. Feinberg, Heller, Ehrman, White & McAuliffe and McGrane & Martin for Plaintiffs and Appellants.

Edwin J. Moore, City Attorney, Michael R. Downey, Assistant City Attorney, and Barry F. McCarthy, Deputy City Attorney, for Defendants and Respondents.

OPINION

RACANELLI, P.J.

The question presented on appeal is whether the City of Santa Clara (City) was under a duty to pass through to its ratepayers certain savings in costs of purchasing electrical power. For the reasons hereafter discussed following our grant of rehearing,1 we again conclude no duty existed.

FACTS

The City of Santa Clara owns and operates a municipal electrical utility...

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