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ROUSE v. SUPERIOR COURT OF KERN COUNTY

Docket No. 280.

219 Cal.App.2d 403 (1963)

33 Cal. Rptr. 254

LEWIS EARL ROUSE, Individually and as Administrator With the Will Annexed, etc., Petitioner, v. THE SUPERIOR COURT OF KERN COUNTY, Respondent; NORVELL B. UNDERWOOD et al., Real Parties in Interest.

Court of Appeals of California, Fifth District.

August 16, 1963.

Attorney(s) appearing for the Case

William H. Haupt for Petitioner.

No appearance for Respondent.

Conron, Heard, James & Hamilton and Wayne M. Hamilton for Real Parties in Interest.

STONE, J.

[1] This petition for writ of mandate to direct the trial court to certify an engrossed statement on appeal arose out of the following sequence of events: Petitioner-plaintiff appealed from a judgment entered after a 26-day trial to the court without a jury. Pursuant to Rules on Appeal, rule 7(a),* plaintiff elected to proceed on a settled statement of the oral proceedings. He filed his proposed statement, to which...

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