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DOLIENTE v. LONERGAN

Docket No. 14374.

59 Cal.App.3d 914 (1976)

130 Cal. Rptr. 919

AVELINO CABE DOLIENTE, Plaintiff and Respondent, v. GERALD J. LONERGAN, as County Auditor, etc., et al., Defendants and Appellants.

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

July 1, 1976.

Attorney(s) appearing for the Case

COUNSEL

Robert G. Berrey, County Counsel, and Jack Limber, Deputy County Counsel, for Defendants and Appellants.

Neal & Bergeson and Lester H. Bergeson, for Plaintiff and Respondent.

OPINION

BROWN (Gerald), P.J.

The San Diego County Superior Court granted Avelino Cabe Doliente's petition for a writ of mandate, requiring San Diego County (County), a subdivision of the State of California, to continue him as a County employee, and holding unconstitutional two penal provisions in the county charter limiting county employment to United States citizens. The County appeals the judgment.

Sections 41 and 89 of...

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