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BERGER v. McMAHAN

Docket No. 15259.

116 Cal.App.2d 328 (1953)

253 P.2d 543

WILLIAM BERGER, Appellant, v. VALERIE BERNARD McMAHAN, Respondent.

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

February 27, 1953.

Attorney(s) appearing for the Case

William Berger, in pro. per., W.L.A. Calder and Abraham Glicksberg for Appellant.

Samuel L. Fendel, Sol Silverman and James A. Toner for Respondent.

PATTERSON, J. pro tem.

This is an appeal from an order dismissing an action under the provisions of the Code of Civil Procedure, section 583, for failure to bring it to trial within five years after the filing of the complaint. The relevant dates are as follows:

December 6, 1945 — Original complaint filed and summons issued.

April 2, 1946 — Answer to complaint filed.

July 20, 1947 — Original defendant died.

August...

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