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CALIFORNIA WATER SERV. v. EDWARD SIDEBOTHAM & SON

Docket Nos. 21155, 21156.

224 Cal.App.2d 715 (1964)

37 Cal. Rptr. 1

CALIFORNIA WATER SERVICE COMPANY et al., Plaintiffs and Respondents, v. EDWARD SIDEBOTHAM & SON, INCORPORATED, Defendant and Appellant; CARSON ESTATE COMPANY et al., Defendants and Respondents. CALIFORNIA WATER SERVICE COMPANY et al., Plaintiffs and Respondents, v. CITY OF HAWTHORNE et al., Defendants and Appellants; CARSON ESTATE COMPANY et al., Defendants and Respondents. (Consolidated Cases.)

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

February 17, 1964.

Attorney(s) appearing for the Case

Clifton A. Hix, Elizabeth Hix, A.B. Keel, City Attorney (Hawthorne), Jennings, Engstrand & Henrikson, Paul D. Engstrand, Jr., and John P. Campbell for Defendants and Appellants.

McCutchen, Black, Harnagel & Shea, G. William Shea, Max K. Jamison, Stanley E. Remelmeyer, City Attorney (Torrance), Musick, Peeler & Garrett and David P. Evans for Plaintiffs and Respondents.

Cosgrove, Cramer, Rindge & Barnum, John N. Cramer, J.D. Barnum, Jr., Auten F. Bush, City Attorney (El Segundo) Frank E. Jenney, Walter N. Anderson, City Attorney (Manhattan Beach), Knapp, Gill, Hibbert & Stevens, Joseph C. Gill, O'Melveny & Myers, Lauren M. Wright, Buford W. Max, William J. DeMartini, William D. Foote, Burris & Lagerlof and Stanley C. Lagerlof for Defendants and Respondents.

Bewley, Knoop, Lassleben & Whelan, Martin E. Whelan, Jr., and Edward L. Miller as Amici Curiae on behalf of Respondents in No. 21156.

TAYLOR, J.

By stipulation, consolidated appeals have been taken by two of the defendants in this action: the first [No. 21156] by the City of Hawthorne and Edward Sidebotham & Son, Inc. (hereafter referred to as Sidebotham) from a judgment determining the ground water rights of the parties; the second [No. 21155] by Sidebotham from an order denying its motions to vacate the judgment.

In 1945, the plaintiffs, the California Water Service and Palos Verdes...

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