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LITZIUS v. WHITMORE

Docket No. 26548.

4 Cal.App.3d 244 (1970)

84 Cal. Rptr. 340

WILLIAM F. LITZIUS, Plaintiff and Appellant, v. EARL B. WHITMORE, as Sheriff, etc., et al., Defendants and Respondents.

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

February 9, 1970.

Attorney(s) appearing for the Case

COUNSEL

Levy & Van Bourg, Victor J. Van Bourg and Stewart Weinberg for Plaintiff and Appellant.

Keith C. Sorenson, District Attorney, and Jerome F. Coleman, Deputy District Attorney, for Defendants and Respondents.

OPINION

ELKINGTON, J.

In this proceeding against the County of San Mateo and Earl B. Whitmore, its sheriff, a judgment of dismissal was entered following the election of plaintiff William F. Litzius not to amend his petition for writ of mandate upon the sustaining of a general demurrer thereto, with leave to amend. Litzius appeals from the judgment of dismissal.

The facts we shall relate are as they appear in the petition...

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