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FRANKLIN-McKINLEY SCH. DIST. v. LESTER

Docket No. 21173.

223 Cal.App.2d 347 (1963)

35 Cal. Rptr. 727

FRANKLIN-McKINLEY SCHOOL DISTRICT OF SANTA CLARA COUNTY, Plaintiff and Respondent, v. F. RAYMOND LESTER et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Two.

December 16, 1963.

Attorney(s) appearing for the Case

Marlais & Hover and Wade H. Hover for Defendants and Appellants.

Spencer M. Williams, County Counsel, and Robert P. McNamee, Deputy County Counsel, for Plaintiff and Respondent.

AGEE, J.

Plaintiff's original complaint sought to condemn certain land owned by defendants for use as a school site. Thereafter, an amended complaint changed the location of the land to be condemned to another site, also owned by defendants.

The parties agreed that such an amendment constituted an abandonment of the proceeding as to the original site (County of Kern v. Galatas,

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