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GOURLEY v. CITY OF NAPA

Docket No. 33629.

48 Cal.App.3d 156 (1975)

121 Cal. Rptr. 290

OSMER B. GOURLEY, Plaintiff and Appellant, v. CITY OF NAPA, Defendant and Respondent.

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

March 18, 1975.

Attorney(s) appearing for the Case

COUNSEL

William T. Hays, Seth J. Kelsey and Edward T. Flaherty for Plaintiff and Appellant.

Davis, Cowell & Bowe and Alan C. Davis as Amici Curiae on behalf of Plaintiff and Appellant.

Frank L. Dunlap, City Attorney, and W. Scott Snowden, Deputy City Attorney, for Defendant and Respondent.

Richard L. Knickerbocker, City Attorney (Santa Monica), Rosario Perry, Deputy City Attorney, Chalmers E. Lones, City Attorney (Signal Hill), Warren J. Lynch, City Attorney (Salinas), and Raymond M. Haight, Assistant City Attorney, as Amici Curiae on behalf of Defendant and Respondent.

OPINION

TAYLOR, P.J.

On this appeal by plaintiff, O.B. Gourley, from that portion of a judgment denying his petition for a writ of mandate, the only question presented is whether the respondent, City of Napa, violated Government Code section 21025.5 when it refused to pay Gourley full salary pursuant to Labor Code section 4850 for the 12-month period that followed the date of his industrial injury on December 19, 1971. For the reasons...

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