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VEGETABLE OIL PRODUCTS CO. v. SUPERIOR COURT OF LOS ANGELES COUNTY

Docket No. 26841.

213 Cal.App.2d 252 (1963)

28 Cal. Rptr. 555

VEGETABLE OIL PRODUCTS COMPANY, INC., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; ELMER L. FERREL, Real Party in Interest.

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

February 20, 1963.

Attorney(s) appearing for the Case

Schell & Delamer and Lee A. Solomon for Petitioner.

Harold W. Kennedy, County Counsel, Donald K. Byrne and John J. Collins, Deputy County Counsels, for Respondent.

Edgar Simon for Real Party in Interest.

FILES, J.

This case, like Tate v. Superior Court, ante, at page 238 [28 Cal.Rptr. 548], involves an attempt by a defendant in a personal injury action to base a defense and a cross-complaint upon the allegation that the plaintiff's employer negligently caused the injury.

The facts, as alleged in the petition filed here, are admitted by the return. On June 9, 1958, Elmer L. Ferrel commenced an action in...

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