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TOOKER v. SAN FRANCISCO BAY AREA RAPID TR. DIST.

Docket Nos. 30416, 30605.

22 Cal.App.3d 643 (1972)

99 Cal. Rptr. 361

RICHARD H. TOOKER et al., Plaintiffs and Appellants, v. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT et al., Defendants and Respondents. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT, Petitioner, v. W.F. GOELZ, as Treasurer, etc., Respondent. [Consolidated Cases.]

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

January 3, 1972.

Attorney(s) appearing for the Case

COUNSEL

Thomas H. Crawford and Michael B. Wilmar for Plaintiffs and Appellants in No. 30416.

Thomas M. O'Connor, City Attorney, Edmund A. Bacigalupi, Deputy City Attorney, and William F. Bourne for Petitioner in No. 30605 and for Defendants and Respondents in No. 30416.

Richard L. Romano for Respondent in No. 30605.

OPINION

ELKINGTON, J.

We have consolidated for hearing and determination two related proceedings pending before this court, to each of which San Francisco Bay Area Rapid Transit District (BART) is a party. The first (1 Civ. 30416) is an appeal by one Tooker and others from an order of the San Francisco Superior Court denying their application for a preliminary injunction. The second proceeding (1 Civ. 30605) is an application by BART...

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