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District Court of Appeal, Third District, California.

Lewis BERG and Leonard Bickle, doing business as the Yreka Seed and Grain Co., plaintiffs and appellants, v. CITY OF MONTAGUE, a Municipal Corporation, and Larry Lynch, defendants and respondents.

Civ. 8302.

Decided: March 31, 1954

Barr & Hammond, Yreka, for appellants. Tebbe & Correia, Yreka, for respondents.

This is a companion to the case of McNeil v. City of Montague, Cal.App., 268 P.2d 497.

Except as to parties plaintiff and the allegations of property damage the facts are identical and the allegations of the complaint are substantially the same.

On the authority of McNeil v. City of Montague the judgment is affirmed.

PAULSEN, Justice pro tem.

SCHOTTKY and PEEK, JJ., concur.

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