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COOPER v. BRAY

Docket No. L.A. 30865.

21 Cal.3d 841 (1978)

582 P.2d 604

148 Cal. Rptr. 148

GERTRUDE COOPER, Plaintiff and Appellant, v. CLAUDE LEWIS BRAY et al., Defendants and Appellants; RUTH TASHMA, Defendant and Respondent.

Supreme Court of California.

August 16, 1978.

Attorney(s) appearing for the Case

COUNSEL

Green, Royce & Seaman, Irving Green and Leonard Sacks for Plaintiff and Appellant.

Buck, Molony, Nimmo & Ammirato, Buck & Smith, Mark D. Rutter and Richard E. Smith for Defendants and Appellants.

Spray, Gould & Bowers and Michael R. Brown as Amici Curiae on behalf of Defendants and Appellants.

Edward L. LeBerthon and Fernandes & LeBerthon for Defendant and Respondent.

OPINION

TOBRINER, J.

For the third time in recent years, we are confronted with the question of whether section 17158 of the Vehicle Code violates the equal protection clause of our state or federal Constitution (Cal. Const., art. I, § 7; U.S. Const., 14th Amend.) by singling out, from the wide range of automobile accident victims, one narrow class — injured passengers who happen to own the car in which they are injured...

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