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SHOEMAKE v. CAREY

Docket No. 86.

199 Cal.App.2d 796 (1962)

18 Cal. Rptr. 916

A.C. SHOEMAKE et al., Cross-complainants and Respondents, v. DICK CAREY et al., Cross-defendants and Appellants; DOMPE SUPPLY COMPANY, Cross-defendant and Respondent.

Court of Appeals of California, Fifth District.

February 1, 1962.

Attorney(s) appearing for the Case

Sedgwick, Detert, Moran & Arnold and Gant & Gant for Cross-defendants and Appellants.

Zeff, Halley & Price for Cross-complainants and Respondents.

Griffin, Conway & Jones and John P. Jones for Cross-defendant and Respondent.

STONE, J.

This is a motion to dismiss appeal as to Dompe Supply Company pursuant to rule 41(c), Rules on Appeal. Appellants Dick Carey and F.H. Woodruff and Son, Inc., stated in their opening brief on appeal: "Dompe Supply Company had judgment against Shoemake and Gnesa, and there is no appeal from that judgment." Upon receipt of the brief containing the foregoing statement, counsel for Dompe Supply attempted to secure a stipulation for dismissal as to it. Being unsuccessful...

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