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STOUT v. DEMOCRATIC COUNTY CENTRAL COM.

Docket No. S.F. 18702.

40 Cal.2d 91 (1952)

251 P.2d 321

GREGORY S. STOUT et al., Petitioners, v. DEMOCRATIC COUNTY CENTRAL COMMITTEE et al., Respondents; FITZGERALD AMES et al., Real Parties in Interest.

Supreme Court of California. In Bank.

December 23, 1952.

Attorney(s) appearing for the Case

Delany, Fishgold & Minudri, Molly H. Minudri and Manuel Furtado for Petitioners.

Albert Brundage, in pro. per., for Respondent Louise T. O'Connor et al.

Thomas E. Feeney, Robert I. McCarthy and A.J. Zirpoli for Respondent Committee et al., and Real Parties in Interest.

CARTER, J.

Seven of the petitioners in this petition for a writ of mandate were duly elected at the June, 1952, primary election as members of the Democratic County Central Committee for the City and County of San Francisco; one petitioner, Collins, is an ex officio member by reason of section 2838 of the Elections Code which makes the nominee of the party for state senator or the incumbent of the nominees of the party for the assembly ex officio a member of the county...

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