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CARRIER v. ROBBINS

Docket No. 4272.

112 Cal.App.2d 32 (1952)

245 P.2d 676

RALPH CARRIER et al., Appellants, v. JAMES ROBBINS et al., Respondents.

Court of Appeals of California, Fourth District.

June 25, 1952.

Attorney(s) appearing for the Case

Walter Wencke for Appellants.

James Don Keller, District Attorney (San Diego), Carroll H. Smith and Robert G. Berrey, Deputy District Attorneys, for Respondents.

MUSSELL, J.

Plaintiffs appeal from a judgment of dismissal after a general demurrer was sustained without leave to amend to their second amended complaint.

The complaint, as amended, is for declaratory relief on the construction and interpretation of section 40 of the charter of the county of San Diego, which provides as follows:

"In fixing compensation, the Board of Supervisors shall at least annually, by ordinance, provide in each instance for payment...

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