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GOULD v. GRUBB

Docket No. L.A. 30411.

14 Cal.3d 661 (1975)

536 P.2d 1337

122 Cal. Rptr. 377

RENEE V. GOULD et al., Plaintiffs and Respondents, v. KENNETH O. GRUBB, as City Clerk, etc., Defendant and Appellant; ROBERT M. "BOB" GABRIEL et al., Real Parties in Interest and Appellants.

Supreme Court of California. In Bank.

July 7, 1975.

Attorney(s) appearing for the Case

COUNSEL

Richard L. Knickerbocker, City Attorney, and Rosario Perry, Deputy City Attorney, for Defendant and Appellant and for Real Parties in Interest and Appellants.

Roger Jon Diamond and Hecht, Diamond & Freis for Plaintiffs and Respondents.

OPINION

TOBRINER, J.

In this case we must determine the constitutionality of an election procedure which automatically affords an incumbent, seeking reelection, a top position on the election ballot. After a full evidentiary presentation at trial, the superior court found that a significant advantage accrues to a candidate by virtue of a top ballot position; in light of this advantage, the...

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