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MERRILL v. DEPARTMENT OF MOTOR VEHICLES

Docket No. L.A. 29627.

71 Cal.2d 907 (1969)

458 P.2d 33

80 Cal. Rptr. 89

CLIFFORD L. MERRILL et al., Plaintiffs and Respondents, v. DEPARTMENT OF MOTOR VEHICLES et al., Defendants and Appellants.

Supreme Court of California. In Bank.

September 3, 1969.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Warren H. Deering and David Gould, Deputy Attorneys General, for Defendants and Appellants.

Young & Young and W. Herbert Young for Plaintiffs and Respondents.

SULLIVAN, J.

The Department of Motor Vehicles (Department) appeals from a judgment granting a writ of mandate commanding it to set aside a decision denying an application for a motor vehicle dealer's license.

Clifford L. Merrill and Harold E. Morris, dba The Merchandiser, a copartnership (Merchandiser), operate what is commonly known as a membership discount house. In addition to selling furniture, appliances and household goods, Merchandiser offers new automobiles...

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