Legal Opinion

Van Gammeren v. City of Fresno

California Court of Appeal

Decided April 13, 1942No. Civ. 2672PublishedCited by 15 opinions

1Opinion of the CourtMarks, J.

This is an appeal from a judgment enjoining appellants from interfering with respondents in their delivery of Grade A pasteurized milk within the limits of the city of Fresno.

Fresno is a chartered- city. The individual appellants are the members of its board of health, its city health officer, and the city veterinarian and chief milk inspector.

In 1922, the city of Fresno adopted an ordinance regulating the sale of milk within its limits. Subsection four of section nine provided in part as follows:

“It shall be and is hereby declared unlawful for any person in said City: ... to sell or deliver…

2Cases cited9 opinions

  1. Ex Parte FrankCalifornia Supreme Court · 1878
  2. LaFranchi v. City of Santa RosaCalifornia Supreme Court · 1937
  3. Matter of Application of HinesCalifornia Court of Appeal · 1917
  4. Witt v. KlimmCalifornia Court of Appeal · 1929
  5. In Re RobinsonCalifornia Court of Appeal · 1924

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3Cited by15 opinions

  1. Knudsen Creamery Co. v. BrockCalifornia Supreme Court · 1951
  2. Ware v. Idaho State Tax CommissionIdaho Supreme Court · 1977
  3. McHugh v. County of Santa CruzCalifornia Court of Appeal · 1973
  4. Cates v. ChiangCalifornia Court of Appeal · 2013
  5. Subriar v. City of BakersfieldCalifornia Court of Appeal · 1976

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