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SMITH v. AMERICANIA MOTOR LODGE

Docket No. 32639.

39 Cal.App.3d 1 (1974)

113 Cal. Rptr. 771

PEARL SMITH et al., Plaintiffs and Appellants, v. AMERICANIA MOTOR LODGE et al., Defendants and Respondents.

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

May 3, 1974.

Attorney(s) appearing for the Case

COUNSEL

Garry, Dreyfus, McTernan & Brotsky, Garry, Dreyfus, McTernan, Brotsky, Herndon & Pesonen and David E. Pesonen for Plaintiffs and Appellant.

Robert E. Cartwright, Edward I. Pollock, William H. Lally, Stephen I. Zetterberg, Robert G. Beloud, David B. Baum and Leonard Sacks as Amici Curiae on behalf of Plaintiffs and Appellants.

John P. Herlihy, Barfield, Barfield, Dryden & Ruane, Martin T. Ruane, Jr., and Cyril Viadro for Defendants and Respondents.

OPINION

CALDECOTT, P.J.

This is an appeal from a judgment in favor of respondents in an action arising out of the death of appellants' two children.

On Saturday, November 30, 1968, the bodies of Linda and Joseph Atchan were discovered in the bottom of the swimming pool owned by respondent Americania Motor Lodge in downtown San Francisco. Linda Atchan, age 11, and her brother Joseph Atchan, age 10, were the children of plaintiffs...

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