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PRESTON v. WYOMING PAC. OIL CO.

Docket No. 25240.

197 Cal.App.2d 517 (1961)

17 Cal. Rptr. 443

EDWARD J. PRESTON, Plaintiff and Appellant, v. WYOMING PACIFIC OIL COMPANY, Defendant and Respondent.

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

November 30, 1961.

Attorney(s) appearing for the Case

Milo V. Olson for Plaintiff and Appellant.

Henry C. Clausen, Sheldon C. St. Clair and Clausen & St. Clair for Defendant and Respondent.

HERNDON, J.

By this suit in equity, plaintiff seeks to set aside a default judgment in the amount of $6,185,000 which defendant recovered against him in a former action. On July 7, 1960, the trial court sustained a demurrer to plaintiff's second amended complaint without leave to amend, and on July 21, 1960, entered the judgment of dismissal from which plaintiff takes this appeal.

The complaint in the former action was filed December 15, 1952, and on February...

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