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SMITH v. PETERSON

Docket No. 4696.

131 Cal.App.2d 241 (1955)

280 P.2d 522

ROBERT D. SMITH et al., Respondents, v. CLIFFORD E. PETERSON, as Commissioner of California Highway Patrol, et al., Appellants.

Court of Appeals of California, Fourth District.

March 2, 1955.

Attorney(s) appearing for the Case

Edmund G. Brown, Attorney General, and G.A. Strader, Deputy Attorney General, for Appellants.

Matt Goldstein, George A. Schroeder and William A. Quinlan for Respondents.

GRIFFIN, J.

This proceeding involves the constitutionality of sections 673 and 684 of the Vehicle Code in reference to the prevention of excessive or unusual noises from mufflers on automobiles. These sections read in part as follows:

"Sec. 673. Every motor vehicle subject to registration and operated on a highway shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise...

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