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MALONE v. SUPERIOR COURT

Docket No. S.F. 18752.

40 Cal.2d 546 (1953)

254 P.2d 517

WILLIAM M. MALONE et al., Petitioners, v. SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Respondents.

Supreme Court of California. In Bank.

March 17, 1953.

Attorney(s) appearing for the Case

William J. Dowling, Jr., for Petitioners.

Delany, Werchick, Fishgold & Minudri, Manuel J. Furtado and Franklyn K. Brann for Respondents and Real Party in Interest.

CARTER, J.

In this proceeding in certiorari it appears that on November 5, 1951, applicant Elmer Delany filed in the superior court an "Application for Order Directing Testimonies and for Order Directing Subpoenae Duces Tecum" under sections 2083-2089 of the Code of Civil Procedure. No action is pending concerning the matters for which the testimony is sought; he seeks to perpetuate the testimony for a contemplated action...

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