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McDONALD v. CITY OF OAKLAND

Docket No. 21929.

233 Cal.App.2d 672 (1965)

43 Cal. Rptr. 799

LARRY CLINTON McDONALD, a Minor, etc., et al., Plaintiffs and Appellants, v. CITY OF OAKLAND, Defendant and Respondent.

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

April 20, 1965.

Attorney(s) appearing for the Case

Robert C. Burnstein, John B. Brethauer, and Sandra J. Shapiro for Plaintiffs and Appellants.

Berry, Davis, Lewis & McInerney, Samuel H. Berry and Richard G. Logan for Defendant and Respondent.

SHOEMAKER, P.J.

This is an appeal by the plaintiffs in a wrongful death action from a judgment entered in favor of defendant City of Oakland, upon the granting of its motion for nonsuit.

[1a] The facts are without dispute. Lawrence McDonald, appellants' decedent, while an employee of J.A. Boehner, was killed by an explosion during the painting of a tank located at the Oakland Municipal Auditorium...

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