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EKEN v. BOSWORTH

Docket No. 49083.

72 Cal.App.3d 248 (1977)

139 Cal. Rptr. 834

HEIDE EKEN, Plaintiff and Respondent, v. ARCHIE C. BOSWORTH, as Administrator, etc., et al., Defendants and Appellants.

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

July 29, 1977.

Attorney(s) appearing for the Case

COUNSEL

Kinkle, Rodiger & Spriggs and S.D. Smith for Defendants and Appellants.

Belli, Ashe & Choulos, Irmas, Simke & Chodos, Richard A. Fond and Roman M. Silberfeld for Plaintiff and Respondent.

La Follette, Johnson & Schroeter, John T. La Follette and Alfred W. Gerisch, Jr., as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

STEPHENS, J.

Plaintiff-respondent Heide Eken and defendant-appellant Charles Roderick Bosworth were in an automobile accident which resulted in the death of Bosworth and injuries to Eken. On December 29, 1971, Eken sued Bosworth's estate (case No. WEC 24100). Eken had theretofore filed no claim in this estate, although her action WEC 24100 was filed within the authorized period from notice to creditors.1...

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