# Del Mar Canning Co. v. Payne

> California Supreme Court · December 6, 1946 · 29 Cal. 2d 380

URL: https://www.frixlaw.com/law-library/cases/9792181

## Case

- **Full name:** DEL MAR CANNING CO. (A Corporation), Petitioner, v. LEE F. PAYNE Et Al., Respondents
- **Court:** California Supreme Court
- **Decided:** December 6, 1946
- **Citations:** 29 Cal. 2d 380; 175 P.2d 231; 1946 Cal. LEXIS 303
- **Precedential status:** Published
- **Opinion:** Concurrence by Carter
- **Judges:** Dooling, Carter
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9792181

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9792181. Public record. Not legal advice.