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MARVIN F. POER AND CO. v. COUNTIES OF ALAMEDA

No. 83-5963.

725 F.2d 1234 (1984)

MARVIN F. POER AND COMPANY, et al., Appellants, v. The COUNTIES OF ALAMEDA, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 14, 1984.

Attorney(s) appearing for the Case

Peter G. Aylward, Alyward, Kintz, Stiska, Wassenaar, & Shannahan, San Diego, Cal., for appellants.

Donald R. Lincoln, Jennings, Engstrand & Henrikson, San Diego, Cal., for appellees.

Before GOODWIN and TANG, Circuit Judges, and AGUILAR, District Judge.

AGUILAR, District Judge:

Appellants brought an action at law against all California counties, their auditors and tax collectors, and others for a refund of property taxes paid for the 1978-1979 tax year, or for damages in the amount of taxes paid. The case presented the issue of the constitutionality of Article XIIIA of the California Constitution ("Proposition 13") as applied to the taxpayers. Appellants sought a federal forum for their constitutional claims since...

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