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MORTON v. SUPERIOR COURT

Docket No. 1303.

9 Cal.App.3d 977 (1970)

88 Cal. Rptr. 533

H.R. MORTON, as Chief of Police, etc., et al., Petitioners, v. THE SUPERIOR COURT OF FRESNO COUNTY, Respondent; TED C. LINDSEY et al., Real Parties in Interest.

Court of Appeals of California, Fifth District.

July 24, 1970.

Attorney(s) appearing for the Case

COUNSEL

Spencer Thomas, Jr., City Attorney, Alan D. Davidson, Assistant City Attorney, A. Grant Macomber and Thomas G. Spenik, Deputy City Attorneys, for Petitioners.

No appearance for Respondent.

Pettis & Brott and Eugene E. Brott for Real Parties in Interest.

OPINION

GARGANO, J.

The City of Fresno and its chief of police, H.R. Morton, have applied for a writ of prohibition to prevent further proceedings in the lawsuit now pending in the Superior Court of Fresno County, in which real parties in interest, hereafter referred to as real parties, seek a writ of mandate and declaratory relief. Petitioners contend that the superior court lacks jurisdiction because real parties did not exhaust...

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