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RATHBUN v. CITY OF SALINAS

Docket No. 30612.

30 Cal.App.3d 199 (1973)

106 Cal. Rptr. 154

JOHN C. RATHBUN, Plaintiff and Appellant, v. CITY OF SALINAS et al., Defendants and Respondents.

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

January 26, 1973.

Attorney(s) appearing for the Case

COUNSEL

Moreno, Branner & Carnazzo, Branner & Carnazzo, William P. Carnazzo and Donald M. Branner for Plaintiff and Appellant.

Heller, Ehrman, White & McAuliffe, Weyman I. Lundquist, Edward W. Rosston, John Roger Beers, M. Glen Vinson, Jr., and Warren J. Lynch for Defendants and Respondents.

OPINION

DEVINE, P.J.

Plaintiff appeals from the judgment of dismissal which followed sustaining of a demurrer to his first amended complaint. Permission to amend was granted, but plaintiff declined and stands on his pleading. The action is a taxpayer's suit by which plaintiff seeks to have the City of Salinas and other defendants, officers of the municipality, enjoined from use of certain real property as anything other than a public...

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