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PEOPLE EX REL. BAKER v. MACK

Docket No. 12936.

19 Cal.App.3d 1040 (1971)

97 Cal. Rptr. 448

THE PEOPLE ex rel. ROBERT W. BAKER, as District Attorney, etc., Plaintiff and Respondent, v. RAY W. MACK et al., Defendants and Appellants.

Court of Appeals of California, Third District.

September 15, 1971.

Attorney(s) appearing for the Case

COUNSEL

L.C. Smith and Richard J. Asvill for Defendants and Appellants.

Robert W. Baker, District Attorney, for Plaintiff and Respondent.

Evelle J. Younger, Attorney General, Jay L. Shavelson, Assistant Attorney General, Jerold A. Krieger, Deputy Attorney General, Lillick, McHose, Wheat, Adams & Charles and R. Frederic Fisher as Amici Curiae for Plaintiff and Respondent.

OPINION

BRAY, J.*

Defendants appeal from an injunction issued by the Shasta County Superior Court restraining them from interfering with the free use by the public of a portion of Fall River.1

QUESTIONS PRESENTED

1. In California the sole test of navigability of a stream is not whether it is or can be used for...

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