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MILES & SONS, INC. v. SUPERIOR COURT

Docket No. 9935.

181 Cal.App.2d 151 (1960)

5 Cal. Rptr. 73

MILES AND SONS, INC. (a Corporation), Petitioner, v. SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent; ERNEST C. PAULLO et al., Real Parties in Interest.

Court of Appeals of California, Third District.

May 20, 1960.

Attorney(s) appearing for the Case

C. Ray Robinson and William J. Adams for Petitioner.

No appearance for Respondent.

William Wear Clark for Real Parties in Interest.

VAN DYKE, P.J.

This is a petition praying alternatively for a writ of prohibition to restrain the respondent court from proceeding further in a pending action in which petitioner is one of the defendants or for a writ of mandate to compel the respondent court to dismiss the action as against petitioner.

The action against petitioner and others was commenced by the real parties in interest in the respondent court on December 24, 1956. Within three years thereafter...

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