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COSTA v. REGENTS OF UNIVERSITY OF CAL.

Docket No. 14776.

103 Cal.App.2d 491 (1951)

229 P.2d 867

JOSEPH H. COSTA, Appellant, v. REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Respondents.

Court of Appeals of California, First District, Division Two.

April 17, 1951.

Attorney(s) appearing for the Case

Ernest I. Spiegl and Belli, Ashe & Pinney for Appellant.

Dana, Bledsoe & Smith for Respondents.

DOOLING, J.

Respondents move to dismiss the appeal. Two separate questions are involved which for clarity of treatment must be considered separately.

THE MOTION OF RESPONDENTS CARTER AND EMERSON

These respondents during the course of trial made a motion for nonsuit which was granted by the court, the order granting their motion being entered in the minutes of the court on June 28, 1949, and reading so far as material here:

"Thereupon counsel...

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