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HOLLOWAY v. PURCELL

Docket No. Sac. 6039.

35 Cal.2d 220 (1950)

217 P.2d 665

FRANK H. HOLLOWAY et al., Appellants, v. C.H. PURCELL (as Director of the Department of Public Works, etc.) et al., Respondents.

Supreme Court of California. In Bank.

April 25, 1950.

Attorney(s) appearing for the Case

E. Vayne Miller, George W. Artz and H.D. Jerrett for Appellants.

Fred N. Howser, Attorney General, Timothy W. O'Brien, Deputy Attorney General, C.R. Montgomery, Robert E. Reed, Russell S. Munro and Harry S. Fenton for Respondents.

TRAYNOR, J.

Plaintiffs appeal from a judgment for defendants entered after a demurrer to their complaint was sustained without leave to amend.

This action was brought by plaintiffs as taxpayers to enjoin the proposed relocation of a section of Route 3, part of the state highway system extending from Sacramento to the Oregon state line via Yreka. (Sts. & Hy. Code, § 303.) The complaint alleged that defendants, the Director of the Department of Public...

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