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WAL-MART STORES, INC. v. CITY OF TURLOCK

No. 1:04-CV-05278 OWW DLB.

483 F.Supp.2d 987 (2006)

WAL-MART STORES, INC., a Delaware corporation, and Wal-Mart Real Estate Business Trust, a Delaware statutory trust, Plaintiffs, v. CITY OF TURLOCK, Turlock City Council, and Does 1 through 10, inclusive, Defendants.

United States District Court, E.D. California.

July 3, 2006.

Attorney(s) appearing for the Case

Michael J. Coffino, Steefel, Levitt & Weiss, a Professional Corporation, Alison Hersey Mijares, Ann Marie Heimberger, Steefel Levitt and Weiss, San Francisco, CA, John P. Kinsey, Sagaser, Jones & Hahesy, Fresno, CA, for Plaintiffs.

Benjamin Peters Fay, Rick W. Jarvis, Jarvis, Fay & Doporto LLP, Oakland, CA, for Defendants.

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Fed.R.Civ.P.56)

WANGER, District Judge.

I. INTRODUCTION

Defendants the City of Turlock and the Turlock City Council (collectively, "the City") move for summary judgment against Plaintiffs Wal-Mart Stores, Inc., and Wal-Mart Real Estate Business Trust (collectively, "Wal-Mart"). Wal-Mart opposes the motion.

II. PROCEDURAL HISTORY

The complaint was filed on February 11, 2004...

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