KAY v. PACIFIC TEL. & TEL. CO.

Docket Nos. 38662, 41878.

83 Cal.App.3d 814 (1978)

148 Cal. Rptr. 213

GENE KAY, Plaintiff and Appellant, v. PACIFIC TELEPHONE AND TELEGRAPH COMPANY et al., Defendants and Respondents. GENE KAY, Plaintiff and Respondent, v. PACIFIC TELEPHONE AND TELEGRAPH COMPANY et al., Defendants and Appellants.

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

August 15, 1978.


Attorney(s) appearing for the Case

COUNSEL

Exelrod & Mendelson, Alan B. Exelrod, and Michael A. Mendelson for Plaintiff and Appellant and for Plaintiff and Respondent.

Frank E. Farella, Louise H. Renne, Robert M. Cassel, Rosen, Remcho & Henderson, Sanford Jay Rosen and Ephraim Margolin as Amici Curiae on behalf of Plaintiff and Appellant and Plaintiff and Respondent.

Burt Pines, City Attorney (Los Angeles) Thomas C. Bonaventura, Senior Assistant City Attorney, and Richard A. Dawson, Assistant City Attorney, as Amici Curiae on behalf of Defendants and Appellants and Defendants and Respondents.

Thomas M. O'Connor and George Agnost, City Attorneys, John J. Doherty, Deputy City Attorney, Pillsbury, Madison & Sutro, Noble K. Gregory, Frank E. Sieglitz and Michael H. Salinsky for Defendants and Appellants and for Defendants and Respondents.


OPINION

CHRISTIAN, J.

Gene Kay appeals from an order denying a preliminary injunction to restrain continuation of allegedly unlawful exemptions from a telephone users tax imposed by an ordinance of the City and County of San Francisco. While Kay's appeal was pending, the cause was tried upon stipulated facts; the court rendered judgment determining that it was a denial of equal protection for the ordinance to tax intrastate use of...

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