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WALNUT CREEK AGGREGATES CO. v. TESTING ENGINEERS

Docket No. 22919.

248 Cal.App.2d 690 (1967)

56 Cal. Rptr. 700

WALNUT CREEK AGGREGATES COMPANY, Plaintiff and Appellant, v. TESTING ENGINEERS INCORPORATED, Defendant and Respondent.

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

February 21, 1967.

Attorney(s) appearing for the Case

Condon, Dolgin & Kully, Leonard A. Kully, Robert L. Condon and Howard Jameson for Plaintiff and Appellant.

Hall, Henry, Oliver & McReavy and Lee H. Cliff for Defendant and Respondent.

ELKINGTON, J.

Appellant Walnut Creek Aggregates Company, plaintiff below, appeals from a judgment of dismissal entered upon the granting of a nonsuit on the motion of respondent Testing Engineers Incorporated, one of the defendants before the lower court, which will hereinafter be called defendant. The other defendant, Diamond Building Materials, Inc., a corporation, is not a party to this appeal.

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