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McKESSON v. LOWERY

Docket No. L.A. 25150.

51 Cal.2d 660 (1959)

335 P.2d 662

WILLIAM B. McKESSON, as District Attorney of the County of Los Angeles, Petitioner, v. JOSEPH M. LOWERY, as Auditor of the County of Los Angeles, Respondent.

Supreme Court of California. In Bank.

March 2, 1959.

Attorney(s) appearing for the Case

William B. McKesson, District Attorney (Los Angeles), in pro per., for Petitioner.

Harold W. Kennedy, County Counsel (Los Angeles), William E. Lamoreaux, Assistant County Counsel, and Donald K. Byrne, Deputy County Counsel, for Respondent.

CARTER, J.

The question presented by this petition for a writ of mandate is whether petitioner is entitled to payment of the salary increase which became effective after his appointment to the office of district attorney of Los Angeles County but prior to his subsequent election to that office for the unexpired term of his predecessor. The factual situation presented by the petition is as follows:

On June 5, 1956, S. Ernest Roll was elected District Attorney...

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