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GUY F. ATKINSON CO. v. STATE OF CALIFORNIA

Docket No. 12902.

17 Cal.App.3d 1065 (1971)

95 Cal. Rptr. 543

GUY F. ATKINSON COMPANY, Cross-complainant and Appellant, v. THE STATE OF CALIFORNIA, Cross-defendant and Respondent.

Court of Appeals of California, Third District.

June 1, 1971.

Attorney(s) appearing for the Case

COUNSEL

Pillsbury, Madison & Sutro, Anthony P. Brown and Donald S. Zinn for Cross-complainant and Appellant.

John P. Morgan, Robert J. DeFea and Donald J. Mulcare for Cross-defendant and Respondent.

OPINION

PIERCE, P.J.

This is a motion by the State of California to dismiss an appeal by Guy F. Atkinson Company from a judgment of the superior court following an order of that court on August 19, 1970, sustaining the state's demurrer to Atkinson's cross-complaint against the state. The ground of the motion is that the judgment appealed from is nonappealable.

The original action was one for wrongful death. The state and Atkinson...

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