AGEE, J.
Plaintiff appeals from an order granting the motion of defendants Carlyle Miller and Dolores Miller, his wife, to dismiss this action under the following provision of section 581a of the Code of Civil Procedure: "[A]ll actions heretofore or hereafter commenced must be dismissed by the court in which the same shall have been commenced ... unless the summons shall be served and return thereon made within three years after the commencement of said action, ....
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