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WARREN v. ATCHISON, T. & S.F. RY. CO.

Docket No. 10050.

19 Cal.App.3d 24 (1971)

96 Cal. Rptr. 317

ALDRED K. WARREN, JR., as Acting Trustee, etc., et al., Plaintiffs and Appellants, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY et al., Defendants and Respondents.

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

July 30, 1971.

Attorney(s) appearing for the Case

COUNSEL

Pollock, Tappaan, Palmer & Metzler, Pollock & Palmer, John P. Pollock, Samuel A. Keesal, Jr., Gates, Morris, Merrell & Stephens, George E. Stephens, Jr., and J. Randolph Houston for Plaintiffs and Appellants.

John J. Balluff, Robert B. Curtiss, John J. Schimmenti, Niles P. Koines, Charles D. Swanner, John Neil Stanley, Gray, Cary, Ames & Frye, Richard A. Burt, James K. Smith, Rutan & Tucker, Milford W. Dahl, Homer L. McCormick, Jr., Rollin E. Woodbury, Harry W. Sturges, Jr., Lawler, Felix & Hall, Alexis A. Fafenrodt, Alan I. White, Randolph Karr, Richard Colby, Kalmbach, DeMarco, Knapp & Chillingworth, Frank DeMarco, Jr., William A. Kerr, John J. Lauten and John B. Reeve for Defendants and Respondents.

OPINION

KAUFMAN, J.

Plaintiffs appeal from a number of orders and judgments rendered by the trial court in respect to their third amended and supplemental complaint filed November 25, 1968, by leave of the court. The orders and judgments appealed from are as follows:

(1) Judgment of dismissal in favor of defendants The Atchison, Topeka and Santa Fe Railway Company (hereinafter...

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