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CITY OF LOS ANGELES v. DRAKE

Docket No. 25030.

195 Cal.App.2d 744 (1961)

16 Cal. Rptr. 103

THE CITY OF LOS ANGELES, Appellant, v. PETE DRAKE, Respondent.

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

September 21, 1961.

Attorney(s) appearing for the Case

Roger Arnebergh, City Attorney, Bourke Jones and James A. Doherty, Assistant City Attorneys, and Robert C. Summers, Deputy City Attorney, for Appellant.

Pray, Price & Williams and William C. Price for Respondent.

McCutchen, Doyle, Brown & Enersen, McCutchen, Black, Harnagel & Shea, Gerald H. Trautman, G. William Shea, Frederic A. Sawyer and John Munholland as Amici Curiae on behalf of Respondent.

WOOD, P.J.

This is an action to recover municipal license taxes for engaging in the business of transporting passengers by bus. The court found that the section of the Los Angeles Municipal Code under which the taxes were assessed (§ 21.154) is unconstitutional in that the classification contained therein is unreasonable and discriminatory. Plaintiff appeals from the judgment which was in favor of defendant. Appellant contends that the classification is reasonable...

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