Opinion

Del Mar Canning Co. v. Payne

  • 29 Cal. 2d 380
  • 175 P.2d 231
  • 1946 Cal. LEXIS 303
Court
California Supreme Court
Filed
Dec 6, 1946
Status
Published
Author
Carter
On the bench
Dooling, Carter
Cited by
17 cases
Authority
More cited than 11.2%

The opinion

CARTER, J., Concurring.

In my opinion the writ should issue, but I desire to point out that the unconstitutional discrimination in this case is the same in substance and legal effect as that present by the rule involved in Ferrante v. Fish & Game Commission, ante, p. 365 [ 175 P.2d 222 ]. In both cases arbitrary and unreasonable burdens are placed *385 upon newcomers in the pilchard sardine industry which are not imposed upon those previously established in the business. There is no reasonable basis for the classification in either case and I reiterate the discussion in my dissent in the Ferrante case.

Schauer, J., concurred.

Respondents’ petition for a rehearing was denied December 30, 1946.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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