BIXBY v. PIERNO

Docket No. L.A. 29689.

4 Cal.3d 130 (1971)

481 P.2d 242

93 Cal. Rptr. 234

FRED H. BIXBY, Plaintiff and Appellant, v. ANTHONY R. PIERNO, as Commissioner of Corporations, Defendant and Respondent; FRED H. BIXBY RANCH COMPANY, Real Party in Interest and Respondent; ROBERT BIXBY GREEN, Intervener and Appellant.

Supreme Court of California. In Bank.

February 23, 1971.


Attorney(s) appearing for the Case

COUNSEL

Shaw, Miller & Suffin, Stephen H. Suffin, Loeb & Loeb and Howard I. Friedman for Plaintiff and Appellant and for Intervener and Appellant. Thomas C. Lynch, Attorney General, Arthur C. de Goede, Deputy Attorney General, for Defendant and Respondent.

Gibson, Dunn & Crutcher, Arthur W. Schmutz, Robert S. Warren and Martin H. Kahn for Real Party in Interest and Respondent.


OPINION

TOBRINER, Acting C.J.

In this case we are called upon to determine whether a superior court properly refused to exercise its independent judgment in reviewing a decision of the Commissioner of Corporations approving a recapitalization plan. For the reasons stated herein, we conclude that the judgment must be affirmed: the trial court properly followed our long established approach to the judicial review of a decision of a...

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