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FEELEY v. E.R. BUTTERWORTH & SONS

No. 32098.

42 Wn.2d 837 (1953)

259 P.2d 393

MIKE J. FEELEY, Appellant, v. E.R. BUTTERWORTH & SONS et al., Respondents.

The Supreme Court of Washington, Department Two.

July 8, 1953.

Attorney(s) appearing for the Case

Mark M. Litchman, for appellant.

Morris H. Russell, Gordon H. Sweany, and Wright & Wright, for respondent E.R. Butterworth & Sons.

Melvin T. Swanson and Jack E. Hullin, for respondents Sargent and Matheny.

Morrissey, Eagen & Hedrick, for respondent Olson.

FINLEY, J.

Plaintiff appeals from a judgment of dismissal, entered in the superior court for King county, in his action instituted to recover damages. These were claimed to have resulted from a landslide, allegedly caused by defendants' acts, purportedly constituting a withdrawal of lateral support respecting plaintiff's land.

The relevant facts are: Plaintiff and the respondent Butterworth corporation owned adjoining lots in block two, replat of Twelfth avenue...

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