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ALBONICO v. MADERA IRR. DIST.

Docket No. Sac. 6460.

47 Cal.2d 695 (1957)

306 P.2d 894

PHILLIP ALBONICO et al., Respondents, v. MADERA IRRIGATION DISTRICT (a Corporation) et al., Appellants.

Supreme Court of California. In Bank.

January 24, 1957.

Attorney(s) appearing for the Case

David E. Peckinpah, Denver C. Peckinpah, Harold M. Child and L.N. Barber for Appellants.

Edmund G. Brown, Attorney General, B. Abbott Goldberg and Adolphus Moskovitz, Deputy Attorneys General, Harry W. Horton, R.J. Knox, Jr., Frank E. Jenney, Ronald B. Harris, P.J. Minasian, Martin McDonough, J. Lee Rankin, Solicitor General of the United States, Perry W. Morton, Assistant Attorney General, David R. Warner and Roger P. Marquis, Attorneys, Department of Justice,† as Amici Curiae on behalf of Appellants.

Green, Green, Plumley & Kuney, Winslow B. Green, Kenneth P. Kuney, Sherwood Green, and Green, Green & Bartow for Respondents.

Brobeck, Phleger & Harrison, Herman Phleger, Alvin J. Rockwell and John M. Naff, Jr., as Amici Curiae on behalf of Respondents.

SHENK, J.

This is an appeal from a judgment for the petitioners Phillip and Jane E. Albonico, husband and wife, in a proceeding for the writ of mandate to compel the respondent Madera Irrigation District to vacate its resolution denying the exclusion from the district of the petitioners' lands in excess of 320 acres. Exclusion is sought on the ground that such excess lands would not be benefited by the operations of the district. (Wat. Code, §§ 26728, 26729...

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