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  5. 56 Cal.App.4th 1433 (1997)
 

BREDA COSTRUZIONI FERROVIARIE S.P.A. v. L.A. CTY. METRO. TRANSP. AUTH.

Docket No. B098355.

56 Cal.App.4th 1433 (1997)

BREDA COSTRUZIONI FERROVIARIE S.P.A., Plaintiff and Appellant, v. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

August 11, 1997.

Attorney(s) appearing for the Case

COUNSEL

Howard, Rice, Nemerovski, Canady, Falk & Rabkin, H. Mathew Moore, Matthew J. Jacobs and Joseph A. Bosco for Plaintiff and Appellant.

De Witt W. Clinton, County Counsel and Richard P. Chastang, Deputy County Counsel for Defendant and Appellant.

OPINION

NEAL, J. —

SUMMARY

In this case we hold that the takings clause of the Fifth Amendment of the United States Constitution, applied to the states through the Fourteenth Amendment, and California common law as well, bar a public entity from retaining for its own account interest earned by funds the entity withheld from a prime contractor pursuant to a subcontractor...

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