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UNION PACIFIC R.R. CO. v. CITY OF LONG BEACH

Docket No. 36989.

24 Cal.App.3d 594 (1972)

101 Cal. Rptr. 112

UNION PACIFIC RAILROAD COMPANY et al., Plaintiffs and Appellants, v. CITY OF LONG BEACH et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division One.

March 30, 1972.

Attorney(s) appearing for the Case

COUNSEL

Hanna & Morton, Harold C. Morton, John H. Blake, Edward S. Renwick and Bela G. Lugosi for Plaintiffs and Appellants.

Leonard Putnam, City Attorney, and Kenneth K. Williams, Deputy City Attorney, for Defendants and Appellants.

Evelle J. Younger, Attorney General, Jay L. Shavelson, Assistant Attorney General, and Warren J. Abbott, Deputy Attorney General, as Amici Curiae on behalf of Defendants and Appellants.

OPINION

CLARK, J.

At issue in this appeal is the constitutionality of two related City of Long Beach Municipal Code sections.

Section 6100.99.1, enacted in 1962, provides that "Every person conducting, managing or carrying on the business of producing oil from any well located in the City of Long Beach, including the City of Long Beach when functioning in the capacity of a unit...

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