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FBANK L. RICHER, INC. v. CITY OF COLTON

No. E031329.

130 Cal.Rptr.2d 561 (2003)

106 Cal.App.4th 190

FRANK L. RICHER, INC, et al., Plaintiffs and Respondents, v. CITY OF COLTON et al., Defendants and Appellants.

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

As Modified on Denial of Rehearing March 6, 2003.

Review Denied April 30, 2003.

Attorney(s) appearing for the Case

Best, Best & Krieger, Victor L. Wolf and Christina A. Henry, Riverside, for Defendant and Appellant City of Colton.

Gresham, Savage, Nolan & Tilden, Theodore K. Stream and Lisa Stolzy, Riverside, for Defendant and Appellant Inland Memorial, Inc.

Voorhees, Knable, Freeman & Pettier and Sidney Knable, Torrance, for Plaintiffs and Respondents.

OPINION

GAUT, J.

1. Introduction

May the lessee of a city-owned public cemetery sell cemetery monuments and markers? We conclude it can and reverse the judgment.

The City of Colton owns a public cemetery, Hermosa Gardens. Colton leases the cemetery to Inland Memorial, Inc. Plaintiffs, two competing dealers1 collectively identified as "Ricker," sued Inland and the City, asserting that Inland is prohibited...

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