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HALLINAN v. MELLON

Docket No. 20855.

218 Cal.App.2d 342 (1963)

32 Cal. Rptr. 446

PATRICK SARSFIELD HALLINAN, Plaintiff and Appellant, v. THOMAS J. MELLON, as City and County Police Commissioner, etc., et al., Defendants and Respondents.

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

July 16, 1963.

Attorney(s) appearing for the Case

Vincent Hallinan for Plaintiff and Appellant.

Steinhart, Goldberg, Feigenbaum & Ladar and Neil E. Falconer for Defendants and Respondents.

BRAY, P.J.

Plaintiff appeals from judgment in favor of defendants after order sustaining demurrer without leave to amend.

QUESTION PRESENTED

Is the action one to try title to public office which can only be done by quo warranto?

RECORD

Plaintiff brought a taxpayer's suit against Thomas J. Mellon, a member of the Police Commission of the City and County of San Francisco, and his surety, St. Paul Fire and Marine Insurance Company...

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