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CITY OF BURBANK v. METROPOLITAN WATER DISTRICT

Docket No. 24540.

180 Cal.App.2d 451 (1960)

4 Cal. Rptr. 757

CITY OF BURBANK, Petitioner, v. METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA et al., Respondents.

Court of Appeals of California, Second District, Division Two.

April 28, 1960.

Attorney(s) appearing for the Case

Archie L. Walters, City Attorney (Burbank), Musick, Peeler & Garrett, Gerald G. Kelly and Richard T. Apel for Petitioner.

Charles C. Cooper, Jr., General Counsel, John M. Davenport and William A. Parsons, Deputy General Counsel, for Respondents.

ASHBURN, J.

Petitioner City of Burbank seeks mandamus to compel respondent Metropolitan Water District of Southern California to credit upon 1960 and subsequent taxes levied by the district certain amounts paid by the city under the "in lieu" provisions of section 8, subdivision (h) of the Metropolitan Water District Act (Act 9129; 1 Deering's Water Code, p. 1108; §§ 35-1 to 35-15, inclusive, of Appendix to West's Water Code) — payments "in avoidance...

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