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CITY COUNCIL v. SOUTH

Docket No. 52226.

146 Cal.App.3d 320 (1983)

194 Cal. Rptr. 110

CITY COUNCIL OF THE CITY OF SAN JOSE, Plaintiff and Respondent, v. KENT SOUTH, as Finance Director, etc., Defendant and Appellant.

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

August 22, 1983.

Attorney(s) appearing for the Case

COUNSEL

Robert K. Booth, Jr., and Wilson, Morton, Assaf & McElligott for Defendant and Appellant.

Harold E. Rogers, Jr., Peter D. Kelly, Arn H. Tellem, Peter J. Ross and Manatt, Phelps, Rothenberg & Tunney for Plaintiff and Respondent.

Jones, Hall, Hill & White and Robert G. Auwbrey as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

FEINBERG, J.

On October 6, 1982, this court filed and certified for publication an opinion in this cause in which we concluded that the judgment should be reversed. Thereafter and within due time a petition was filed for a rehearing of the cause by this court. We granted the petition.

The parties filed supplemental briefs. Every point involved in the controversy and...

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