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OATES v. NELSON

Docket No. 31650.

269 Cal.App.2d 18 (1969)

74 Cal. Rptr. 475

ERNEST OATES et al., Plaintiffs and Appellants. v. WILLIAM E. NELSON et al., Defendants and Respondents.

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

January 22, 1969.

Attorney(s) appearing for the Case

Millard M. Mier and Ralph Sadler Rosen for Plaintiffs and Appellants.

Loeb & Loeb, Jerome L. Goldberg, Albert F. Smith and Leon R. Shearer for Defendants and Respondents.

HERNDON, J.

Plaintiffs appeal from the judgment entered October 6, 1966, wherein the trial court ordered that "plaintiffs' complaint shall be and hereby is stricken and that the within action shall be and hereby is dismissed." A resume of the procedural history of this litigation is necessary to an understanding of the issues presented for our consideration.

On December 10, 1965, appellants filed in the Central...

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