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McDONNELL v. AMERICAN TRUST CO.

Docket No. 18494.

178 Cal.App.2d 325 (1960)

2 Cal. Rptr. 826

IRENE McDONNELL et al., Appellants, v. AMERICAN TRUST COMPANY, as Executor, etc., Respondent.

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

February 25, 1960.

Attorney(s) appearing for the Case

Arthur D. Klang and Albert E. Polonsky for Appellants.

Weinstock, Anderson, Maloney & Chase for Respondent.

TOBRINER, J.

Appellants appeal from a judgment of dismissal rendered under Code of Civil Procedure, section 583, by reason of their failure to proceed to trial within three years after filing of the remittitur upon a previous appeal. They urge that since the delay occurred because of the time involved in procuring the testimony of a material witness the court should have exercised its discretion to extend the period of limitation but improperly failed to do so here...

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