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MANOR DRUG STORES v. BLUE CHIP STAMPS

Docket No. 50187.

71 Cal.App.3d 423 (1977)

139 Cal. Rptr. 483

MANOR DRUG STORES, Plaintiff and Appellant, v. BLUE CHIP STAMPS et al., Defendants and Respondents.

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

June 30, 1977.

Attorney(s) appearing for the Case

COUNSEL

Brandlin & McAllister, Michael R. Mitchell and William T. Brandlin for Plaintiff and Appellant.

O'Melveny & Myers, Philip F. Westbrook, William W. Vaughn, Richard E. Sherwood and Louise Nemschoff for Defendants and Respondents.

OPINION

COBEY, J.

(1) Manor Drug Stores, plaintiff in a class action, appeals its dismissal, pursuant to Code of Civil Procedure, section 583, subdivision (b) (the five-year statute),1 as against ten specified remaining defendants. The appeal lies. (§§ 581d, 904.1, subd. (a).)

We affirm the dismissal because we do not believe that the pendency of an earlier filed, virtually...

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