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SCHLOTHAN v. RUSALEM

Docket No. L.A. 22650.

41 Cal.2d 414 (1953)

260 P.2d 68

LILLIAN F. SCHLOTHAN et al., Appellants, v. FRANK RUSALEM et al., Respondents.

Supreme Court of California. In Bank.

August 19, 1953.

Attorney(s) appearing for the Case

Phillip Barnett for Appellants.

Hilton H. McCabe for Respondents.

SPENCE, J.

Plaintiffs appeal from a judgment of dismissal entered upon motion of defendants pursuant to Code of Civil Procedure, section 581, subdivision (3), which provides that "an action may be dismissed ... when either party fails to appear on the trial and the other party appears and asks for the dismissal...." The determinative question is whether the trial court abused its discretion in ordering the dismissal of the action under the circumstances hereinafter...

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