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PACIFIC EMPLOYERS INS. CO. v. CITY OF BERKELEY

Docket No. A016128.

158 Cal.App.3d 145 (1984)

204 Cal. Rptr. 387

PACIFIC EMPLOYERS INSURANCE COMPANY, Plaintiff and Appellant, v. CITY OF BERKELEY, Defendant and Respondent.

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

July 9, 1984.

Attorney(s) appearing for the Case

COUNSEL

Raymond M. Alexander, Jr., and Adams & Philipps for Plaintiff and Appellant.

Natalie E. West, City Attorney, for Defendant and Respondent.

OPINION

BARRY-DEAL, J.

Pacific Employers Insurance Company (Pacific) appeals from a summary judgment entered in favor of the City of Berkeley (the city) which established that the city was entitled to withhold certain funds as liquidated damages from its payment to Pacific under a construction contract for which Pacific was the completing surety. We affirm.

The Facts

On or about November 26, 1974, the city...

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