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HORACK v. FRANCHISE TAX BOARD

Docket No. 10443.

18 Cal.App.3d 363 (1971)

95 Cal. Rptr. 717

DAVID MICHAEL HORACK et al., Plaintiffs and Respondents, v. FRANCHISE TAX BOARD, Defendant and Appellant.

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

June 23, 1971.

Attorney(s) appearing for the Case

COUNSEL

Thomas C. Lynch and Evelle J. Younger, Attorneys General, Neal J. Gobar, Mark W. Jordan and Philip C. Griffin, Deputy Attorneys General, for Defendant and Appellant.

Herbert M. Porter for Plaintiffs and Respondents.

OPINION

GARDNER, P.J.

This is an appeal from an order granting a petition for writ of mandate in which the trial court ordered the Franchise Tax Board to return to petitioners certain monies which had come into their possession by reason of the arrest of petitioners on a narcotics offense.

The facts of the case are as follows: A neighbor called the police and advised that three "hippie type" persons had entered what she believed...

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