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HATHAWAY v. SUPERIOR COURT

Docket No. 5648.

112 Cal.App.3d 728 (1980)

169 Cal. Rptr. 435

GREGORY LEE HATHAWAY et al., Petitioners, v. THE SUPERIOR COURT OF FRESNO COUNTY, Respondent; FRANK HENDRIX, Real Party in Interest.

Court of Appeals of California, Fifth District.

November 26, 1980.

Attorney(s) appearing for the Case

COUNSEL

Archbald & Spray, J. William McLafferty, Jr., and Ann G. Diener for Petitioners.

No appearance for Respondent.

Dawson & Ninnis and Jeffrey H. Smith for Real Party in Interest.

OPINION

BROWN (G.A.), P.J.

Petitioners, Gregory Lee Hathaway and Laura Jane Hathaway, seek a peremptory writ directing the superior court to set aside its order granting a partial summary judgment to the real party in interest, Frank Hendrix.

Petitioners are the father and mother of Michael Hathaway, age six, deceased. They commenced the underlying action against real party in interest and others for wrongful death, and in...

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