Franco-Italian Packing Co. v. Fish and Game Comm.

California Court of Appeal Dec 23, 1925 No. Docket No. 5253.Published

Before: HOUSER, J.

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Holding. The court sustained the demurrer to the petition and discharged the writ, relying on the authority of Van Camp Sea Food Co., Inc. v. Fish and Game Commission.

Issues

Whether the petition for relief should be granted based on the facts and contentions identical to those in Van Camp Sea Food Co., Inc. v. Fish and Game Commission.

Disposition. Demurrer sustained; writ discharged.

Quotations verified verbatim against the opinion

“it is ordered that the demurrer to the petition be and it is sustained, and that the writ heretofore issued herein be and the same is discharged.”

The pleadings, the facts, the relief sought by the petitioner, and the contentions of respective counsel in all essential particulars are identical with those set forth in the case ofVan Camp Sea Food Co., Inc., v. Fish and Game Commission,ante, p. 764 [243 P. 702]. [1] Relying upon that case as an authority, it is ordered that the demurrer to the petition be and it is sustained, and that the writ heretofore issued herein be and the same is discharged.

Conrey, P.J., and Curtis, J., concurred.

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Franco-Italian Packing Co. v. Fish and Game Comm.

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