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LINSK v. LINSK

Docket No. L.A. 29404.

70 Cal.2d 272 (1969)

449 P.2d 760

74 Cal. Rptr. 544

MARIAN CARR LINSK, Plaintiff, Cross-defendant and Appellant, v. LESTER LINSK, Defendant, Cross-complainant and Respondent.

Supreme Court of California. In Bank.

February 3, 1969.

Attorney(s) appearing for the Case

Howard M. Redlich and Harry M. Fain for Plaintiff, Cross-defendant and Appellant.

Rogers & Harris, Gang, Tyre & Brown and Stanley Rogers for Defendant, Cross-complainant and Respondent.

MOSK, J.

Plaintiff wife brought an action for divorce against defendant husband, who filed a cross-complaint, also seeking a divorce. [1] The original proceedings ended in a mistrial due to the disability of the trial judge who heard the evidence.

Subsequently plaintiff's attorney stipulated over his client's express objection that the case could be decided by a different judge entirely on the basis of the record previously made. Counsel for both...

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