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DAHLQUIST v. STATE

Docket No. 11142.

243 Cal.App.2d 208 (1966)

52 Cal. Rptr. 324

NILS DAHLQUIST, as Guardian, etc., et al., Plaintiffs and Appellants, v. STATE OF CALIFORNIA, Defendant and Respondent.

Court of Appeals of California, Third District.

June 27, 1966.

Attorney(s) appearing for the Case

Melvyn J. CoBen for Plaintiffs and Appellants.

Harry S. Fenton, Robert F. Carlson, Donald M. Pach and Kenneth G. Nellis for Defendant and Respondent.

PIERCE, P.J.

In this wrongful death action brought by the heirs of the decedent against the State of California1 a demurrer was sustained to an original complaint without leave to amend. The appeal is from the judgment of dismissal which followed. We explain herein our reasons for reversal but first summarize the allegations of the complaint upon which decision hinges:

The complaint is in two counts but all allegations of the first...

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