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  5. 183 Cal.App.3d 372 (1986)
 

PHILLIPS v. SAN LUIS OBISPO COUNTY DEPT. ETC.

Docket No. B015913.

183 Cal.App.3d 372 (1986)

228 Cal. Rptr. 101

SUSAN PHILLIPS et al., Plaintiffs and Appellants, v. SAN LUIS OBISPO COUNTY DEPARTMENT OF ANIMAL REGULATION et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

July 15, 1986.

Attorney(s) appearing for the Case

COUNSEL

Shaunna Sullivan and George & Collins for Plaintiffs and Appellants.

Joyce S.A. Tischler as Amicus Curiae on behalf of Plaintiffs and Appellants.

James B. Lindholm, Jr., County Counsel, Jac A. Crawford, Assistant County Counsel, and John Paul Daly, Deputy County Counsel, for Defendants and Respondents.

OPINION

GILBERT, J.

This is a death penalty case. We reverse. Missy, a female black Labrador, shall live, and "go out in the midday sun."

Petitioners Susan, Russell and Mary Phillips appeal the judgment of the trial court denying their petition for a writ of mandamus. (Code Civ. Proc., § 1085.) We reverse the judgment and hold that an ordinance permitting the county to destroy a dog without a noticed hearing to the dog...

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