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OCHINERO v. WERTZ

Docket No. 21.

200 Cal.App.2d 533 (1962)

19 Cal. Rptr. 466

JOSEPH R. OCHINERO, Plaintiff and Appellant, v. FRED A. WERTZ et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

February 20, 1962.

Attorney(s) appearing for the Case

Lawrence W. Young and Robert L. Young for Plaintiff and Appellant.

John R. Nixon for Defendants and Respondents.

STONE, J.

This is an appeal by plaintiff Ochinero from an order vacating the default of defendants Fred A. Wertz and Chester E. Wertz pursuant to motion under Code of Civil Procedure, section 473. The third defendant, Marion W. Irons, as to whom the motion was denied, has not appealed.

Defendant Chester Wertz, 63 years of age, farms in Stanislaus County, and his brother, Fred Wertz, aged 65, farms in Butte County. Their codefendant, Marion W. Irons, a self...

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