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WINTER v. GNAIZDA

Docket No. 43558.

90 Cal.App.3d 750 (1979)

152 Cal. Rptr. 700

FRANK E. WINTER, Plaintiff and Respondent, v. ROBERT GNAIZDA, as Director, etc., Defendant and Appellant.

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

February 23, 1979.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Charlton G. Holland and Winifred Younge Smith, Deputy Attorneys General, for Defendant and Appellant.

Hassard, Bonnington, Rogers & Huber and David E. Willett for Plaintiff and Respondent.

OPINION

KANE, J.

Defendant Robert Gnaizda in his capacity as Director of the California State Department of Health (hereafter appellant or DOH) appeals from a judgment rendered in an action for declaratory relief. The stipulated facts, along with the pertinent portions of the record, reveal the following background:

On or about April 8, 1972, John Roushkolb, a minor was injured...

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