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OAKES v. McCARTHY CO.

Docket No. 31537.

267 Cal.App.2d 231 (1968)

73 Cal. Rptr. 127

JOHN C. OAKES et al., Plaintiffs and Respondents, v. McCARTHY COMPANY et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Four.

November 7, 1968.

Attorney(s) appearing for the Case

Pollock & Deutz, Pollock & Palmer, John P. Pollock, William Elliot Viney, Russell & Schureman, Theodore W. Russell and Robert W. Hancock for Defendants and Appellants.

Ball, Hunt, Hart & Brown and Frank C. Aldrich for Plaintiffs and Respondents.

AISO, J. pro tem.*

Plaintiffs, John C. Oakes and Grace Oakes, husband and wife, brought this action to recover damages resulting from earth movement underlying their lot and home in the Palos Verdes area of Los Angeles County, which they had acquired in 1956 as original purchasers in a subdivision.

The action, filed on December 20, 1960, was eventually tried to a jury against the...

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