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FERGUSON v. KEAYS

Docket Nos. L.A. 29788, 29789, 29790.

4 Cal.3d 649 (1971)

484 P.2d 70

94 Cal. Rptr. 398

KATHERINE FERGUSON, Plaintiff and Appellant, v. LESLIE R. KEAYS, as Marshal, etc., Defendant and Respondent. PHYLLIS COLON, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; AUGUSTIN COLON, Real Party in Interest. LEWIS R. ROWE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; DARLENE ROWE, Real Party in Interest. (Consolidated Cases.)

Supreme Court of California. In Bank.

April 27, 1971.

Attorney(s) appearing for the Case

COUNSEL

Edward J. Owen, Thomas P. Burke, Morton M. Sider, Bennett Rolfe, Lauralea Trisler Saddick, Phillip C. Lancer, Daniel B. Wilen and Vester G. Brady for Plaintiff and Appellant in No. 29788.

Aaronson, Goar, Pfiffner, Wurthman & Caspe, Aaronson, Caspe & Goar and Philip L. Goar for Petitioners in Nos. 29789 and 29790.

John D. Maharg, County Counsel, Donald K. Byrne, Assistant County Counsel, John P. Farrell and Michael H. Dougherty, Deputy County Counsel, for Defendant and Respondent in No. 29788.

No appearances for Respondent and for Real Parties in Interest in Nos. 29789 and 29790.

Thomas C. Lynch, Attorney General, Warren J. Deering, Assistant Attorney General, Laurence R. Sperber and Michael A. Fischer as Amici Curiae.

OPINION

BURKE, J.

We ordered these three cases transferred to this court on our own motion (rule 28(a), Cal. Rules of Court) so that we might consider whether the Courts of Appeal have the authority to waive the $50 fee required under Government Code section 68926 for filing the record on appeal in a civil case or a petition for a writ within their original jurisdiction. (1) Upon a review of the applicable statutes and...

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