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MERCHANTS FIRE ASSUR. CORP. v. RETAIL CREDIT CO.

Docket Nos. 25729, 25942.

206 Cal.App.2d 55 (1962)

23 Cal. Rptr. 544

MERCHANTS FIRE ASSURANCE CORPORATION OF NEW YORK, Plaintiff and Appellant, v. RETAIL CREDIT COMPANY, INC., Defendant and Respondent. (Two Cases.)

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

July 25, 1962.

Attorney(s) appearing for the Case

Irving L. Halpern, Long & Levit and David C. Bogert for Plaintiff and Appellant.

Cosgrove, Cramer, Rindge & Barnum and John N. Cramer for Defendant and Respondent.

FILES, J.

These are appeals in two cases between the same parties. The first action was dismissed after a separate trial on the statute of limitations. The second action resulted in an interlocutory judgment of abatement because of the pendency of the other action. Plaintiff has appealed from both judgments.

THE FIRST APPEAL

The following facts were assumed to be true for the purpose of the special trial:

Plaintiff is in the business of insuring...

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