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WELCH v. STATE OF CALIFORNIA

Docket No. 20113.

139 Cal.App.3d 546 (1983)

188 Cal. Rptr. 726

ROD WELCH, Plaintiff and Appellant, v. THE STATE OF CALIFORNIA, Defendant and Respondent.

Court of Appeals of California, Third District.

January 28, 1983.

Attorney(s) appearing for the Case

COUNSEL

Stark, Stewart, Wells & Robinson, Robert C. Field and R. Gordon Baker, Jr., for Plaintiff and Appellant. Cox, Castle & Nicholson, James P. Watson, George M. Cox and David C. Wheeler as Amici Curiae on behalf of Plaintiff and Appellant.

Robert T. Carlson, Richard G. Rypinski, Ralph E. Livingstone, Jr., and Stephanie G. Sakai for Defendant and Respondent.

OPINION

BLEASE, Acting P.J.

Plaintiff Rod Welch, doing business as Rodwelch Company, appeals from a judgment in favor of defendant State of California (State) following a court trial. The action arose out of a contract between Welch and the State Department of Transportation (CALTRANS) to repair a damaged portion of the Benicia-Martinez Bridge.

In January 1975, a ship collided with and destroyed the pier 11 fender of the Benicia...

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