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MILLER v. SANTA MARGARITA LAND ETC. CO.

Docket No. 26304.

217 Cal.App.2d 764 (1963)

31 Cal. Rptr. 866

CLYDE W. MILLER, Plaintiff and Respondent, v. THE SANTA MARGARITA LAND AND CATTLE COMPANY, Defendant and Appellant.

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

June 28, 1963.

Attorney(s) appearing for the Case

Gallagher, Madden & Hart and Paul T. Hart for Defendant and Appellant.

A.H. Brazil for Plaintiff and Respondent.

FORD, J.

We treat this appeal as one from an order granting a preliminary injunction. We have determined that that order must be reversed.

The plaintiff brought an action to quiet his title to an easement in a roadway over the land of the defendant Santa Margarita Land and Cattle Company and to restrain that defendant and others from interfering with the plaintiff's use thereof. A temporary restraining order was issued. Thereafter, pursuant to the stipulation...

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