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PALOMAR HOLDING COMPANY v. COUNTY OF SAN MATEO

No. 16769.

283 F.2d 390 (1960)

PALOMAR HOLDING COMPANY, a Corporation, Palpar, Inc., a Corporation, and A. J. Harwood, Appellants, v. COUNTY OF SAN MATEO and Keith C. Sorenson, District Attorney of County of San Mateo, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied October 18, 1960.

Attorney(s) appearing for the Case

Wagstaffe, Daba & Hulse, Redwood City, Cal., for appellant.

Keith Sorenson, Dist. Atty. of the County of San Mateo, by Howard E. Gawthrop, Deputy Dist. Atty. of the County of San Mateo, Redwood City, Cal., for appellee.

Before MERRILL and KOELSCH, Circuit Judges, and BOWEN, District Judge.

PER CURIAM.

Appellants seek action by the federal courts enjoining appellees from prosecuting appellants criminally for violation of an allegedly unconstitutional county ordinance. The ordinance is one regulating real estate subdivisions and providing criminal sanctions against its violation in certain respects. Appellants contend that the ordinance is unconstitutional; that they are therefore entitled to deal in lands free from the ordinance's regulatory provisions...

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