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CITY OF SACRAMENTO v. SOUTHGATE RECREATION & PARK DIST.

Docket No. 10849.

230 Cal.App.2d 916 (1964)

41 Cal. Rptr. 452

CITY OF SACRAMENTO, Plaintiff and Appellant, v. SOUTHGATE RECREATION AND PARK DISTRICT et al., Defendants and Respondents.

Court of Appeals of California, Third District.

November 25, 1964.

Attorney(s) appearing for the Case

Everett M. Glenn, City Attorney, and Joseph E. Coomes, Jr., Assistant City Attorney, for Plaintiff and Appellant.

John B. Heinrich, County Counsel, and J. Francis O'Shea, Assistant County Counsel, for Defendants and Respondents.

VAN DYKE, J.*

Appellant city brought mandate in the Superior Court of Sacramento County seeking a peremptory writ to compel the respondent board of directors to withdraw certain land from respondent district. A demurrer to an amended petition was sustained without leave to amend and the city appeals. We shall call appellant "the city" and respondents "the district."

The facts as alleged in the amended petition are as follows: Respondent...

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