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STOCKTON THEATERS, INC. v. PALERMO

Docket No. 8139.

109 Cal.App.2d 616 (1952)

241 P.2d 54

STOCKTON THEATERS, INC. (a Corporation), Plaintiff and Appellant, v. EMIL PALERMO, Defendant and Appellant.

Court of Appeals of California, Third District.

March 5, 1952.

Attorney(s) appearing for the Case

Freed, Gebauer & Freed for Plaintiff and Appellant.

Smith & Zeller for Defendant and Appellant.

PEEK, J.

This is a motion by defendant and cross-appellant Palermo (1) to dismiss plaintiff's appeal on the ground that plaintiff by accepting the costs awarded to it in a judgment against said defendant has waived its right of appeal, and (2) to terminate and discharge certain attachments levied at plaintiff's request on certain property owned by Palermo on the ground that plaintiff's appeal was not filed within the time permitted by section 946 of the Code of Civil...

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