RANDALL v. FRANCHISE TAX BOARD OF STATE OF CALIFORNIA

No. 25735.

453 F.2d 381 (1971)

Harold RANDALL, for himself and all Others similarly situated, Appellant, v. FRANCHISE TAX BOARD OF the STATE OF CALIFORNIA et al., Appellees.

United States Court of Appeals, Ninth Circuit.

December 21, 1971.


Attorney(s) appearing for the Case

Thomas C. Sponsler, Jr., Long Beach, Cal. (argued), Boyd S. Lemon, Long Beach, Cal., Howard M. Van Elgort, San Pedro, Cal., for appellant.

Neal J. Gobar, Deputy Atty. Gen. (argued), Evelle J. Younger, Cal. Atty. Gen., Ernest P. Goodman, Asst. Atty. Gen., Los Angeles, Cal., for appellees.

Before DUNIWAY and ELY, Circuit Judges, and CROCKER, District Judge.


CROCKER, District Judge:

This is an appeal from a dismissal of the action in the district court on the grounds that a federal court cannot act where there exists a plain, speedy and efficient state remedy.

The pertinent facts are as follows: In April 1969, appellant, under penalty of perjury, filed a personal income tax return for 1968 indicating $90.00 due in state taxes. No payment was made. On two occasions the Franchise Tax Board (Board) notified appellant...

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