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  5. 16 Cal.App.4th 202 (1993)
 

DIESEL ELEC. S. & S., INC. v. MARCO MARINE SAN DIEGO, INC.

Docket No. D014843.

16 Cal.App.4th 202 (1993)

20 Cal. Rptr.2d 62

DIESEL ELECTRIC SALES AND SERVICE, INC., Plaintiff and Appellant, v. MARCO MARINE SAN DIEGO, INC., Defendant and Respondent.

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

May 5, 1993.

Attorney(s) appearing for the Case

COUNSEL

Gans & Blackmar, Gans, Blackmar & Stevens and James C. Stevens for Plaintiff and Appellant.

Alford & MacLeod and Daniel B. MacLeod for Defendant and Respondent.

OPINION

WORK, J.

Diesel Electric Sales and Service, Inc. (Diesel) appeals a nonsuit judgment in favor of Marco Marine San Diego, Inc. (Marco or, alternatively, Marco San Diego) which dismissed Diesel's action against Marco alleging secret, unearned discounts in violation of Business and Professions Code1 section 17045. After Diesel completed presenting its evidence at trial, the court granted Marco's motion...

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