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State Supreme Court Retains Lungren Suit

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From Times Wire Services

The California Supreme Court has decided not to transfer to a lower court the suit by Rep. Daniel E. Lungren over his confirmation as state treasurer but will not decide for several weeks whether to dismiss the case, a court spokeswoman said Tuesday.

The Long Beach Republican has sued state officials, claiming that he is entitled to be sworn in as treasurer because the state Assembly approved his nomination last month. Democratic leaders contend that the nomination was killed because it was voted down by the state Senate.

Defendants include Gov. George Deukmejian, who appointed Lungren after the death last August of Democratic state Treasurer Jesse M. Unruh.

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The case turns on conflicting interpretations of a 1976 state constitutional amendment on appointments to vacant state offices. Deukmejian agrees with Lungren’s position.

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