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MULLINS v. TOOTHMAN

Docket No. 21635.

231 Cal.App.2d 756 (1965)

42 Cal. Rptr. 254

SAMSON B. MULLINS, JR., Plaintiff and Respondent, v. EDWARD M. TOOTHMAN, Individually and as Chief of Police, etc., et al., Defendants and Appellants.

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

January 21, 1965.

Attorney(s) appearing for the Case

Hilton J. Melby, City Attorney (Oakland), and Mark B. Shragge, Deputy City Attorney, for Defendants and Appellants.

Carroll, Davis, Burdick & McDonough for Plaintiff and Respondent.

DEVINE, J.

Plaintiff, a police sergeant acting on behalf of himself and other police officers who claim to be assigned to duties beyond their civil service rating, obtained a writ of mandate against the chief of police, the city manager, the auditor and controller, the city council, and the City of Oakland; and from the judgment ordering the writ comes this appeal. Two sets of officers are involved, namely, 18 or 19 sergeants† and...

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