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ANDERSON v. ANDERSON

Docket No. 8432.

251 Cal.App.2d 409 (1967)

59 Cal. Rptr. 342

OSCAR B. ANDERSON, JR., Plaintiff and Appellant, v. JOSEPHINE M. ANDERSON, Defendant and Respondent.

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

May 29, 1967.

Attorney(s) appearing for the Case

Lightner & Hilmen and Richard T. Hilmen, Jr., for Plaintiff and Appellant.

Gray, Cary, Ames & Frye and Rudi M. Brewster for Defendant and Respondent.

WHELAN, J.

Plaintiff appeals from a judgment dismissing his action with prejudice based upon the granting of defendant's motion for nonsuit following plaintiff's opening statement.

THE OPENING STATEMENT

[1a] The opening statement, with additions and elaborations stated after defendant had made the motion for nonsuit, covered the following assumed facts:

In the evening on September 8, 1963, plaintiff, accompanied by family friends...

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