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INDEPENDENT ENERGY PRODUCERS v. McPHERSON

No. C050115.

32 Cal.Rptr.3d 535 (2005)

INDEPENDENT ENERGY PRODUCERS ASSOCIATION et al., Petitioners, v. Bruce McPHERSON, as Secretary of State, etc., Respondent; Robert Finkelstein et al., Real Parties in Interest.

Court of Appeals of California, Third District.

Review Granted July 27, 2005.

Attorney(s) appearing for the Case

Nielsen, Merksamer, Parrinello, Mueller & Naylor, James R. Parrinello, Mill Valley, andRichard D. Martland, Sacramento, for Petitioners.

Bill Lockyer, Attorney General, Louis R. Mauro, Senior Assistant Attorney General, Christopher E. Krueger, Supervising Deputy Attorney General, Vickie P. Whitney and Hiren Patel, Deputy Attorneys General, for Respondent.

Remcho, Johansen & Purcell, Robin B. Johansen, Thomas A. Willis; Utility Reform Network and Michel Peter Florio, San Francisco, for Real Parties in Interest.

SCOTLAND, P.J.

Petitioners, the Independent Energy Producers Association, California Retailers Association, and Steven Kelly, filed this original proceeding in this court seeking a writ of mandate to restrain respondent, California's Secretary of State, from placing an initiative measure on the ballot and in the ballot pamphlet for the special election to be held on November 8, 2005. We take judicial notice that the initiative, certified by the Secretary of State...

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