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MIRO v. SUPERIOR COURT

Docket No. 9893.

5 Cal.App.3d 87 (1970)

84 Cal. Rptr. 874

SAMUEL MIRO et al., Petitioners, v. THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, Respondent; CITY OF RIALTO, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Two.

March 5, 1970.

Attorney(s) appearing for the Case

COUNSEL

Redwine & Sherrill and Justin M. McCarthy for Petitioners.

No appearance for Respondent.

Roger A. Saevig and Ward O. Mathews for Real Party in Interest.

OPINION

TAMURA, J.

This is an original proceeding. Petitioners (the Miros) seek a writ of mandate to set aside an order of immediate possession issued by respondent court in an eminent domain action instituted by the City of Rialto, real party in interest herein, to condemn property for airport purposes.

The controlling issue is whether the right of immediate possession authorized by section 14, article I, of the California...

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