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YOUNGBLOOD v. TERRA

Docket No. 34925.

10 Cal.App.3d 533 (1970)

89 Cal. Rptr. 13

THELMA YOUNGBLOOD et al., Plaintiffs and Appellants, v. A.W. TERRA et al., Defendants and Respondents.

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

August 13, 1970.

Attorney(s) appearing for the Case

COUNSEL

Joseph R. Ruffner for Plaintiffs and Appellants.

Clausen, Gilliland & Fernandes and Edward L. Le Berthon for Defendants and Respondents.

OPINION

REPPY, J.

On October 8, 1965, a jury rendered a verdict for defendants in plaintiffs' personal injury action. On November 10, 1965, the court made and entered an order granting the motion for new trial of plaintiff Thelma Youngblood (hereinafter, plaintiff).

Code of Civil Procedure, section 583, subdivision (b) provides in part as follows: "When ... a new trial [is] granted, [the] action shall be dismissed on motion...

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