SOUTHERN PACIFIC CO. v. FISH

Docket No. 22933.

166 Cal.App.2d 353 (1958)

333 P.2d 133

SOUTHERN PACIFIC COMPANY (a Corporation), Appellant, v. GEORGE M. FISH et al., Respondents. SOUTHERN PACIFIC COMPANY (a Corporation), Appellant, v. SEABOARD MILLS (a Corporation) et al., Respondents, and two consolidated cases.

Court of Appeals of California, Second District, Division One.

December 18, 1958.


Attorney(s) appearing for the Case

A.T. Suter, Frederick E. Fuhrman, E.D. Yeomans, Walt A. Steiger and John H. Gordon for Appellant.

Schramm, Raddue & Seed and Edward W. Schramm for Respondents.


LILLIE, J.

This is an appeal by plaintiff from summary judgments in defendants' favor in each of the above actions which were consolidated for the purpose of considering defendants' motions. Hereinafter, and for the purposes of this appeal, we shall treat the motions as a single pleading.

From the affidavit supporting the motion, and the entire record before us, it appears that the instant litigation had its genesis in a dispute over the availability of transit...

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