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POWER CITY COMMUNICATIONS, INC. v. CALAVERAS TELEPHONE CO.

Civ. No. 9802.

280 F.Supp. 808 (1968)

POWER CITY COMMUNICATIONS, INC., a corporation, Plaintiff, v. CALAVERAS TELEPHONE COMPANY et al., Defendants.

United States District Court E. D. California.

January 9, 1968.

Attorney(s) appearing for the Case

Johnson & Stanton, San Francisco, Cal., for plaintiff.

Mazzera, Snyder & DeMartini, Stockton, Cal., for defendants.

MEMORANDUM AND ORDER

MacBRIDE, Chief Judge.

The somewhat complex facts underlying this litigation should be set forth in some detail before a discussion of the two legal issues before the court is undertaken. The summary below is primarily gleaned from plaintiff's "Memorandum of Argument" filed May 1, 1967.

On September 14, 1964, a written contract was entered into by Power City Construction and Equipment, Inc. (hereinafter referred to as "Power...

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