BAUER-SCHWEITZER MALTING v. CITY & CTY OF SAN FRANCISCO

Docket No. S.F. 22980.

8 Cal.3d 942 (1973)

506 P.2d 1019

106 Cal. Rptr. 643

BAUER-SCHWEITZER MALTING CO., INC., Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant and Respondent.

Supreme Court of California. In Bank.

March 5, 1973.


Attorney(s) appearing for the Case

COUNSEL

John P. Macmeeken, L.K. Whitaker and Chickering & Gregory for Plaintiff and Appellant.

Thomas M. O'Connor, City Attorney, and George E. Baglin, Deputy City Attorney, for Defendant and Respondent.

Lowenthal & Lowenthal, Morris Lowenthal and Juliet Lowenthal as Amici Curiae on behalf of Defendant and Respondent.


OPINION

McCOMB, J.

Plaintiff appeals from a judgment in favor of defendant in an action to recover personal property taxes paid by it under protest.

Following a grand jury investigation in 1965, Russell L. Wolden, the then Assessor of the City and County of San Francisco, was charged with criminal misconduct in office. Thereafter, four San Francisco taxpayers commenced a taxpayers...

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