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COUNTY OF SACRAMENTO v. PACIFIC GAS & ELEC. CO.

Docket No. C000031.

193 Cal.App.3d 300 (1987)

238 Cal. Rptr. 305

COUNTY OF SACRAMENTO, Plaintiff and Appellant, v. PACIFIC GAS AND ELECTRIC COMPANY, Defendant and Appellant.

Court of Appeals of California, Third District.

July 1, 1987.

Attorney(s) appearing for the Case

COUNSEL

L.B. Elam, County Counsel, and Monte L. Fuller, Deputy County Counsel, for Plaintiff and Appellant.

Robert Ohlbach, Joseph I. Kelly, Patrick G. Golden, Craig M. Buchsbaum, Howard V. Golub, LeBoeuf, Lamb, Leiby & MacRae, John N. Frye for Defendant and Appellant.

C. Edward Gibson, Mary J. Wood, Vincent P. Master, Jr, Janice E. Kerr, Hector Anninos and Suzanne Engelberg, as Amici Curiae on behalf of Defendant and Appellant.

OPINION

SPARKS, J.

Under the Broughton Act (Pub. Util. Code, § 6001 et seq.), a county may grant a franchise to the highest bidder to use its public streets to transmit and distribute gas and electricity. The grantee is statutorily required to pay the county a fee of 2 percent of the "gross annual receipts" derived from the use of the franchise. (Pub. Util. Code., § 6006.) The County of Sacramento (County) granted two such...

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