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MASTELOTTO v. HARBOR BOX & LUMBER CO.

Docket No. 23333.

170 Cal.App.2d 429 (1959)

338 P.2d 988

A.W. MASTELOTTO, Appellant, v. HARBOR BOX AND LUMBER COMPANY (a Corporation), Respondent.

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

May 18, 1959.

Attorney(s) appearing for the Case

A.P.G. Steffes for Appellant.

Gibson, Dunn & Crutcher, Sherman Welpton, Jr., William G. Tucker and Martin E. Whelan, Jr., for Respondent.

VALLÉE, J.

Appeal by plaintiff from a judgment of dismissal entered on the granting of defendant's motion.

The motion was made on three grounds: failure to bring the action to trial within five years after it was filed; failure to bring the action to trial within two years after it was filed; and the inherent power of the court to dismiss for failure to diligently prosecute the action. The motion was heard...

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