McCLAIN v. COUNTY OF ALAMEDA

Docket Nos. 20089, 20285.

209 Cal.App.2d 73 (1962)

25 Cal. Rptr. 660

GUTHRIE McCLAIN et al., Plaintiffs and Appellants, v. COUNTY OF ALAMEDA et al., Defendants and Respondents. BELDEN S. GARDNER, JR., et al., Plaintiffs and Appellants, v. COUNTY OF ALAMEDA et al., Defendants and Respondents. (Consolidated Cases.)

Court of Appeals of California, First District, Division Three.

October 29, 1962.


Attorney(s) appearing for the Case

Cushing, Cullinan, Hancock & Rothert, Harlow P. Rothert, Nichols & Rogers and Harold E. Rogers, Jr., for Plaintiffs and Appellants.

J.F. Coakley, District Attorney, Douglas R. Dunning, Assistant District Attorney, Richard J. Moore, John A. Lewis, Deputy District Attorneys, Aiken, Kramer & Cummings and Fred Cummings for Defendants and Respondents.

Henry A. Dietz, County Counsel (San Diego), Joseph Kase, Jr., Deputy County Counsel, Keil & Connolly, William L. Guilfoyle, Hagar, Crosby & Rosson, John A. Nejedly, District Attorney (Contra Costa), Prentice K. Bancroft, Deputy District Attorney, Keith C. Sorenson, District Attorney (San Mateo), Lyle R. Edson, Chief Civil Deputy District Attorney, George F. Holden, County Counsel (Orange), Adrian Kuyper, Assistant County Counsel, Harold W. Kennedy, County Counsel (Los Angeles), George W. Wakefield, Chief Assistant County Counsel, and Joel R. Bennett, Deputy County Counsel, as Amici Curiae on behalf of Defendants and Respondents.


DEVINE, J.

[1] In 1961, the County of Alameda entered into two contracts with the Board of Retirement of Alameda County Employees Retirement Association by which the retirement association agreed to construct a building for the welfare department of the county and an administration building, the county to lease the buildings with an option to purchase. Plaintiff McClain, a taxpayer, seeks to enjoin the contract...

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