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OPPENHEIMER v. SMITH

Docket No. 22469.

158 Cal.App.2d 489 (1958)

322 P.2d 499

JOHN G. OPPENHEIMER, Appellant, v. V.W. SMITH et al., Respondents.

Court of Appeals of California, Second District, Division Three.

March 18, 1958.

Attorney(s) appearing for the Case

John G. Oppenheimer, in pro. per., for Appellant.

E.E. Bennett, Edward C. Renwick, Malcolm Davis and Jack W. Crumley for Respondents.

THE COURT.

Plaintiff brought this action against V.W. Smith, E.J. Hilton, and Union Pacific Railroad Company for damages for alleged breach of contract. A special defense of res judicata was sustained.

The complaint, filed February 24, 1956, alleged that defendants Smith and Hilton were employees of the railroad; on February 25, 1952, plaintiff was in the employ of the railroad under a written contract; he has duly performed all the terms and conditions of...

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