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PEOPLE v. SUPERIOR COURT

Docket No. Sac. 7615.

62 Cal.2d 515 (1965)

399 P.2d 385

42 Cal. Rptr. 849

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; DYKE WATER COMPANY, Real Party in Interest.

Supreme Court of California. In Bank.

March 1, 1965.

Attorney(s) appearing for the Case

Richard E. Tuttle and J. Thomason Phelps for Petitioner.

No appearance for Respondent.

Thomas W. Martin and Lally & Martin for Real Party in Interest.

TRAYNOR, C.J.

The Public Utilities Commission, suing in the name of the People of the State of California (Pub. Util. Code, § 2101), seeks a writ of prohibition to restrain respondent superior court from proceeding with an action wherein Dyke Water Company, the real party in interest herein, seeks a declaration of the rights and duties of the parties with respect to funds collected by Dyke from its customers pursuant to a stay order of the commission.

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