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EVOLA v. WENDT CONSTRUCTION CO.

Docket No. 18116.

158 Cal.App.2d 658 (1958)

323 P.2d 158

JOHN EVOLA, Appellant, v. WENDT CONSTRUCTION COMPANY (a Corporation) et al., Defendants; UNITED PACIFIC INSURANCE COMPANY, Respondent.

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

March 26, 1958.

Attorney(s) appearing for the Case

Sol S. Judson and Henry Miller for Appellant.

Weinstock, Anderson, Maloney & Chase for Respondent.

PETERS, P.J.

This is a motion to dismiss the appeal either because the order appealed from is nonappealable, or because the appeal, in any event, has been abandoned.

The plaintiff filed a two count complaint, the first count seeking judgment against Wendt Construction Company and its surety, United Pacific Insurance Company, and the second seeking judgment against Builders' Control Service. After a first amended complaint had been filed, the court on July...

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