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RUSSELL v. UNITED PACIFIC INS. CO.

Docket No. 39.

214 Cal.App.2d 78 (1963)

29 Cal. Rptr. 346

G.M. RUSSELL et al., Plaintiffs and Appellants, v. UNITED PACIFIC INSURANCE COMPANY et al., Defendants and Appellants; JACK M. JAMES et al., Defendants and Respondents. ERNEST W. BUTLER, As Executor, etc., Plaintiff and Appellant, v. UNITED PACIFIC INSURANCE COMPANY et al., Defendants and Appellants; JACK M. JAMES et al., Defendants and Respondents. (Consolidated cases.)

Court of Appeals of California, Fifth District.

March 14, 1963.

Attorney(s) appearing for the Case

Rowell, Lamberson & Thomas, Breckinridge Thomas, Irvine P. Aten, Hayhurst & Quinlisk and L. Nelson Hayhurst for Plaintiffs and Appellants.

McCormick, Barstow, Sheppard & Coyle, McCormick, Barstow, Sheppard, Coyle & Best, Robert E. Coyle and Aubrey H. Seed for Defendants and Appellants.

Lerrigo, Thuesen & Thompson, Lerrigo, Thuesen, Thompson & Thompson, and James M. Thuesen for Defendants and Respondents.

BROWN (R.M.), J.

These two actions find their source in a prior action (Butler v. Holman, 146 Cal.App.2d 22 [303 P.2d 573], cert. den. 353 U.S. 930 [77 S.Ct. 718, 1 L.Ed 2d 723]).

The estate of Aaron B. Butler, deceased, owned a parcel of unimproved realty near Coalinga, California. Jack M. James, Andrew J. Thickstun, and their respective wives, located the "Mistake...

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