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PLUNKETT v. HILL

Docket No. 26307.

209 Cal.App.2d 85 (1962)

25 Cal. Rptr. 816

DONALD R. PLUNKETT, Plaintiff and Respondent, v. JOHN HILL et al., Defendants and Appellants.

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

October 29, 1962.

Attorney(s) appearing for the Case

John N. Frolich and Linus R. Fike for Plaintiff and Respondent.

John Hill, in pro. per., Craig, Weller & Laugharn and Martin J. Kirwan for Defendants and Appellants.

THE COURT.

Motion to dismiss appeals. [1] The complaint alleged two causes of action for damages — the first one was based upon alleged misrepresentation, and the second one upon alleged negligence. Each of the two defendants alleged affirmative defenses of res judicata and estoppel as to each cause of action. Pursuant to the provisions of section 597 of the Code of Civil Procedure, a trial of those special defenses was had before the trial of...

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