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RATHBUN v. SUPERIOR COURT

Docket No. 10232.

8 Cal.App.3d 690 (1970)

87 Cal. Rptr. 568

ELLSWORTH ALVIN RATHBUN, Petitioner, v. THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, Respondent; DORIS RUBY SANDERS et al., Real Parties in Interest.

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

June 11, 1970.

Attorney(s) appearing for the Case

COUNSEL

Parker, Stanbury, McGee & Roberts and James R. Mead for Petitioner.

No appearance for Respondent.

Keller & Holt and Jack D. Holt for Real Parties in Interest.

OPINION

KERRIGAN, J.

This is a proceeding in mandate to compel the San Bernardino Superior Court to dismiss a civil action for failure to bring it to trial within two years after it was filed. Petitioner's motion to dismiss the action was denied in the trial court.

In November 1965 the real parties in interest, Doris Ruby Sanders and Gussie Earnest Sanders (plaintiffs), filed...

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