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FLEMING v. KENT

Docket No. 49608.

129 Cal.App.3d 887 (1982)

181 Cal. Rptr. 361

MATTIE FLEMING et al., Plaintiffs and Appellants, v. J. RUSSELL KENT, as Superintendent, etc., et al., Defendants and Respondents.

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

March 19, 1982.

Attorney(s) appearing for the Case

COUNSEL

McCutchen, Doyle, Brown & Enersen, John W. Fowler and Philip R. Rotner for Plaintiffs and Appellants.

Keith C. Sorenson, District Attorney, Lillian Lee Port, Assistant District Attorney, George Deukmejian, Attorney General, Winifred Younge-Smith, Deputy Attorney General, Michael J. Brady, Mark G. Bonino and Ropers, Majeski, Kohn, Bentley, Wagner & Kane for Defendants and Respondents.

OPINION

RACANELLI, P.J.

On appeal from a judgment of dismissal entered upon an order granting summary judgment, we consider the question of whether the one-year statute of limitations contained in section 4026 of the Education Code (to which all section references apply unless otherwise indicated) governs the commencement of suit raising constitutional challenges to the validity of...

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