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APOLLO BOTTLING CO. v. SUPERIOR COURT

Docket No. 17013.

138 Cal.App.2d 203 (1955)

291 P.2d 52

APOLLO BOTTLING COMPANY, INC. (a Corporation), Petitioner, v. SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; LEHMANN PRINTING AND LITHOGRAPHING COMPANY (a Corporation), Real Party in Interest.

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

December 28, 1955.

Attorney(s) appearing for the Case

Mas Yonemura for Petitioner.

No appearance for Respondent.

Gavin McNab, Schmulowitz, Sommer & Wyman, Nat Schmulowitz, Peter S. Sommer and Ronald P. Klein for Real Party in Interest.

WOOD (Fred B.), J.

[1] Petitioner sought a writ of mandamus under section 416.3 of the Code of Civil Procedure after denial of its motion to quash service of summons by publication in an action brought against it in the superior court by Lehmann Printing and Lithographing Company for money assertedly due upon an alleged contract, petitioner claiming to be a New York corporation that never entered or did...

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