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PURDY & FITZPATRICK v. STATE OF CALIFORNIA

Docket Nos. L.A. 29602, 29603.

71 Cal.2d 566 (1969)

456 P.2d 645

79 Cal. Rptr. 77

PURDY & FITZPATRICK, Plaintiff and Respondent, v. STATE OF CALIFORNIA et al., Defendants and Appellants. PETER J. MOTSHAGEN, Plaintiff and Respondent, v. STATE OF CALIFORNIA et al., Defendants and Appellants.

Supreme Court of California. In Bank.

July 1, 1969.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, and Edward M. Belasco, Deputy Attorney General, Marilyn Shinderman, Gerald Friedman, Arthur Stahl and Lelia H. Jabin, for Defendants and Appellants.

Hillyer & Irwin and Ronald R. Hrusoff for Plaintiffs and Respondents.

Hill, Farrer & Burrill, Carl M. Gould, Stanley E. Tobin, Robert P. Hess, Richman, Garrett & Ansell and Lionel Richman as Amici Curiae on behalf of Plaintiffs and Respondents.

TOBRINER, J.

These cases involve a challenge to Labor Code section 1850, which basically prohibits the employment of aliens on public works.1 Plaintiffs, contractors on public works, brought actions to declare section 1850 unconstitutional or otherwise invalid and to recover certain penalties paid for alleged violations of the section. The trial court, without opinion, granted plaintiffs' motions...

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