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COOPER v. ESTERO MUN. IMPROVEMENT DIST.

Docket No. S.F. 22619.

70 Cal.2d 645 (1969)

451 P.2d 417

75 Cal. Rptr. 777

WALTER S. COOPER, Plaintiff and Appellant, v. ESTERO MUNICIPAL IMPROVEMENT DISTRICT et al., Defendants and Respondents; T. JACK FOSTER et al., Interveners and Respondents.

Supreme Court of California. In Bank.

March 20, 1969.

Attorney(s) appearing for the Case

Funsten & Caldwell, James W. Funsten and David B. Caldwell for Plaintiff and Appellant.

Wilson, Jones, Morton & Lynch, John E. Lynch and Robert G. Auwbrey for Defendants and Respondents.

Long & Levit, Bert W. Levit and Victor B. Levit for Interveners and Respondents.

BURKE, J.

Plaintiff is a resident and taxpayer in the Estero Municipal Improvement District, which was created by special act of the Legislature in 1960 (hereinafter sometimes called the Estero Act). (Stats. 1960, First Ex. Sess., ch. 82.) He appeals from a judgment of dismissal (entered October 31, 1967) which followed the sustaining of general and special demurrers to his second amended petition for mandate. We have concluded that except for the third count of the...

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