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FILE - In this Feb. 6, 1987, file photo, Then Chief Justice of the California Supreme Court Malcolm Lucas, left, is given a congratulatory handshake by Governor George Deukmejian, right, to after being sworn in, while his wife, Joan Lucas, middle, looks on at the Senate Building in San Francisco, Calif. Lucas was sworn in after being nominated for the Chief Justice position by the governor. Former California Supreme Court Chief Justice Malcolm Lucas, who took the court's helm after three justices were voted out during a stormy period in the 1980s, has died. He was 89. Lucas died Wednesday, Sept. 28, 2016, at home in Los Angeles after battling cancer since early this year, his family said. (AP Photo/Jim Gerberich, File)

FILE - In this Feb. 6, 1987, file photo, Then Chief Justice of the California Supreme Court Malcolm Lucas, left, is given a congratulatory handshake by Governor George Deukmejian, right, to after being sworn in, while his wife, Joan Lucas, middle, looks on at the Senate Building in San Francisco, Calif. Lucas was sworn in after being nominated for the Chief Justice position by the governor. Former California Supreme Court Chief Justice Malcolm Lucas, who took the court's helm after three justices were voted out during a stormy period in the 1980s, has died. He was 89. Lucas died Wednesday, Sept. 28, 2016, at home in Los Angeles after battling cancer since early this year, his family said. (AP Photo/Jim Gerberich, File)

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