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HEMMERLING v. TOMLEV, INC.

Docket No. L.A. 28980.

67 Cal.2d 572 (1967)

432 P.2d 697

63 Cal. Rptr. 1

ARTHUR E. HEMMERLING et al., Cross-complainants and Appellants, v. TOMLEV, INC. et al., Cross-defendants and Respondents.

Supreme Court of California. In Bank.

October 30, 1967.

Attorney(s) appearing for the Case

Richards, Watson & Hemmerling, Clifford A. Hemmerling and Ronald M. Greenberg for Cross-complainants and Appellants.

Baird, Holley, Baird & Galen, James Michael Welch and Leonard B. Hankins for Cross-defendants and Respondents.

Harry S. Fenton, R.B. Pegram, Richard L. Franck, Charles E. Spencer, Jr., and Robert W. Vidor as Amici Curiae.

TRAYNOR, C.J.

This action involves the condemnation of approximately 1,000 square feet of land (parcel 4) located east of Anaheim in Orange County. The parcel was owned in undivided interests by defendants Arthur E. Hemmerling and Hulda M. Hemmerling, a group of corporations, and Holly Wade Davidson. The Hemmerlings appeal from the judgment apportioning the condemnation award.

Parcel 4 was owned in common by defendants subject to an agreement executed by them...

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