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JAMES DE NICHOLAS ASSOCIATES v. HERITAGE CONSTR.

Docket No. 34516.

5 Cal.App.3d 421 (1970)

85 Cal. Rptr. 233

JAMES DE NICHOLAS ASSOCIATES, INC., Plaintiff and Appellant, v. HERITAGE CONSTRUCTION CORPORATION, Defendant and Respondent.

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

March 16, 1970.

Attorney(s) appearing for the Case

COUNSEL

Fulop, Rolston & Burns and Lawrence R. Resnick for Plaintiff and Appellant.

Zerner, Sims & Cibener, Edward S. Sims and Joel Cibener for Defendant and Respondent.

OPINION

KINGSLEY, J.

This is an appeal from an order of dismissal made on November 18, 1968.

On July 2, 1968, plaintiff sued for breach of contract, filing a first amended complaint and a second amended complaint. The trial court sustained defendant's demurrer to the second amended complaint, without leave to amend, on the ground that plaintiff's cause of action was barred by Code of Civil Procedure, section 339.

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