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ATCHISON, TOPEKA & SANTA FE RY. v. STOCKTON PORT

Docket No. 21901.

140 Cal.App.3d 111 (1983)

189 Cal. Rptr. 208

ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, Plaintiff and Appellant, v. STOCKTON PORT DISTRICT, Defendant and Respondent.

Court of Appeals of California, Third District.

February 8, 1983.

Attorney(s) appearing for the Case

COUNSEL

Thomas I. McKnew, Jr., and Benjamin B. Salvaty for Plaintiff and Appellant.

Dorr, Cooper & Hays, James R. Walsh and Sanford Kingsley for Defendant and Respondent.

OPINION

EVANS, Acting P.J.

Plaintiff appeals from an order of the superior court awarding attorney fees and expenses to defendant Stockton Port District (Port) pursuant to Code of Civil Procedure section 128.5. We reverse.

On June 26, 1981, plaintiff filed a complaint for damages to real and personal property alleging causes of action for, inter alia, inverse condemnation, negligence, and trespass arising out of the failure...

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