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GIBBONS & REED CO. v. DEPT. OF MOTOR VEHICLES

Docket No. 20742.

220 Cal.App.2d 277 (1963)

33 Cal. Rptr. 688

GIBBONS & REED COMPANY et al., Plaintiffs and Respondents, v. DEPARTMENT OF MOTOR VEHICLES et al., Defendants and Appellants.

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

September 17, 1963.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, Harry W. Low and John J. Klee, Jr., Deputy Attorneys General, for Defendants and Appellants.

Johnson & Stanton, Gardiner Johnson and Marshall A. Staunton for Plaintiffs and Respondents.

DEVINE, J.

The Department of Motor Vehicles, certain public officers, and the State of California itself appeal from a judgment directing a writ of mandate to compel refund to respondents of registration fees, license fees, and penalties which respondents had paid, under protest and threat of seizure, upon certain vehicles, and to compel payment of interest on the moneys ordered refunded. The questions are: (1) Were the vehicles subject to the fees required of owners...

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