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FORT v. CIVIL SERVICE COMMISSION

Docket No. S.F. 21609.

61 Cal.2d 331 (1964)

392 P.2d 385

38 Cal. Rptr. 625

JOEL FORT, M.D., Plaintiff and Respondent, v. CIVIL SERVICE COMMISSION OF THE COUNTY OF ALAMEDA et al., Defendants and Appellants.

Supreme Court of California. In Bank.

May 28, 1964.

Attorney(s) appearing for the Case

J.F. Coakley, District Attorney, Douglas R. Dunning, and Richard J. Moore, Assistant District Attorneys, Thomas J. Fennone and John W. Noonan, Deputy District Attorneys, for Defendants and Appellants.

Bertram McLees, Jr., County Counsel (San Diego), Robert G. Berrey, Assistant County Counsel, and Lawrence Kapiloff, Deputy County Counsel, as Amici Curiae on behalf of Defendants and Appellants.

Albert M. Bendich for Plaintiff and Respondent.

Leon M. Cooper, Thomas E. Headrick, Marvin S. Shapiro, Arthur Brunwasser, Marshall W. Krause, Gerald D. Marcus, Daniel N. Loeb, Schofield, Hanson, Bridgett, Marcus & Jenkins, Rt. Rev. James A. Pike and Lemaire & Mohi as Amici Curiae on behalf of Plaintiff and Respondent.

GIBSON, C.J.

This case involves the validity of section 41 of the Charter of Alameda County, which provides: "No officer or employee of the County in the classified civil service shall directly or indirectly make, solicit or receive, or be in any manner concerned in making, soliciting or receiving any assessment, subscription, or contribution for any political party or any political purpose whatsoever. No person holding a position in the classified civil service shall...

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