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CELLULAR PLUS, INC. v. SUPERIOR COURT

Docket No. D015389.

14 Cal.App.4th 1224 (1993)

18 Cal. Rptr.2d 308

CELLULAR PLUS, INC. et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; U.S. WEST CELLULAR OF CALIFORNIA, INC., et al., Real Parties in Interest.

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

March 25, 1993.

Attorney(s) appearing for the Case

COUNSEL

Franklin and Franklin, J. David Franklin and Alexander M. Schack for Petitioners.

No appearance for Respondent.

Gibson, Dunn & Crutcher, J. Anthony Sinclitico III, Morrison & Foerster, Philip E. Smith, Sullivan, Walsh & Wood, Scott E. Wood, Hughes, Hubbard & Reed, William T. Bissett, Sheppard, Mullin, Richter & Hampton, Michael J. Weaver, Seltzer, Caplan, Wilkins & McMahon, Brian T. Seltzer, Sullivan, Hill, Lewin & Markham, Donald G. Rez, Brobeck, Phleger & Harrison, Daniel G. Lamb, Jr., Pillsbury, Madison & Sutro, Douglas R. Tribble, Armour, Goodin, Schlotz & MacBride, Harold E. Kruth, Winthrop, Stimson, Putnam & Roberts and Stanley M. Gorinson for Real Parties in Interest.

OPINION

WORK, Acting P.J.

This case involves a lawsuit by a number of individual consumers and corporate sales agents, including Cellular Plus, Inc., and others (Cellular Plus), against the two licensed providers of cellular telephone service in San Diego County. The trial court granted demurrers to causes of action for wholesale price fixing and retail price fixing under the Cartwright Act. Its decision apparently was based upon...

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