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STOUT v. CITY OF PORTERVILLE

Docket No. 6301.

148 Cal.App.3d 937 (1983)

196 Cal. Rptr. 301

MICHAEL EUGENE STOUT et al., Plaintiffs and Appellants, v. CITY OF PORTERVILLE et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

November 10, 1983.

Attorney(s) appearing for the Case

COUNSEL

George A. Carter and John W. Morris for Plaintiffs and Appellants.

Hurlbutt, Clevenger, Long & Vortmann, Robert P. Long and Philip B. Laird, Jr., for Defendants and Respondents.

George Deukmejian and John K. Van de Kamp, Attorneys General, Michael Franchetti, Chief Deputy Attorney General, Willard A. Shank, Chief Assistant Attorney General, Marvin Goldsmith, Assistant Attorney General, Seward L. Andrews, Craig Modlin and Bruce J. Braverman, Deputy Attorneys General, as Amici Curiae on behalf of Defendants and Respondents.

OPINION

CAETON, J.*

This is an appeal following a judgment of dismissal after the Superior Court of the County of Tulare sustained the respondents' demurrer.

On December 30, 1979, at approximately 1:30 in the morning, appellant Michael Eugene Stout was walking along Main Street in the City of Porterville (hereinafter City). At about that time, Officer...

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