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SACRAMENTO MUN. UTIL. DIST. v. COUNTY OF EL DORADO

Docket No. 1225.

5 Cal.App.3d 26 (1970)

84 Cal. Rptr. 748

SACRAMENTO MUNICIPAL UTILITY DISTRICT, Plaintiff and Appellant, v. COUNTY OF EL DORADO, Defendant and Respondent.

Court of Appeals of California, Fifth District.

March 3, 1970.

Attorney(s) appearing for the Case

COUNSEL

E.K. Davis and David S. Kaplan for Plaintiff and Appellant.

Daryl J. McKinstry and Noble Sprunger, County Counsel, and Alvin Landis for Defendant and Respondent.

OPINION

THE COURT.

In May 1965, appellant utility district filed a complaint in the Superior Court of Plumas County against respondent, County of El Dorado, to recover taxes assessed by the county and paid by the district under protest. The action was brought pursuant to Revenue and Taxation Code section 5138. At issue was the assessment for the tax year 1964-65, which appellant contended was void because (1) it was imposed upon tax...

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