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  5. 203 Cal.App.2d 41 (1962)
 

EVELETH v. AMERICAN BRASS & IRON FOUNDRY, PLASTICS DIV.

Docket No. 110.

203 Cal.App.2d 41 (1962)

21 Cal. Rptr. 95

TOM EVELETH, JR., Cross-complainant and Respondent, v. THE AMERICAN BRASS AND IRON FOUNDRY, PLASTICS DIVISION, Cross-defendant and Appellant.

Court of Appeals of California, Fifth District.

April 27, 1962.

Attorney(s) appearing for the Case

Creede, Dawson & McElrath and J.M. McElrath for Cross-defendant and Appellant.

Young, Wooldridge, Paulden & Self and Joseph Wooldridge for Cross-complainant and Respondent.

BROWN, J.

This is an appeal by The American Brass and Iron Foundry — Plastics Division, hereinafter referred to as "American Brass," from an order denying its motion to vacate a default judgment and from an order denying a motion to reconsider said denial.

The action was originally commenced by Bernson against Eveleth in the municipal court. Eveleth filed a cross-complaint against Bernson and American Brass for $5,266.50, which

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