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GENTRY v. NIELSEN

Docket No. 19170.

123 Cal.App.3d 27 (1981)

176 Cal. Rptr. 385

GEORGE GENTRY, Plaintiff and Appellant, v. CALMAR Z. NIELSEN et al., Defendants and Respondents.

Court of Appeals of California, Third District.

August 26, 1981.

Attorney(s) appearing for the Case

COUNSEL

W.J. Cossette for Plaintiff and Appellant.

Hardy, Erich & Brown, Robert H. Zimmerman and Leo H. Schuering, Jr., for Defendants and Respondents.

OPINION

BLEASE, J.

Plaintiff George Gentry appeals from a judgment of dismissal entered after the Placer County Superior Court granted defendants' motion to dismiss based upon Gentry's failure to bring the action to trial within five years from the date upon which the action was filed. (Code Civ. Proc., § 583, subd. (b).)1 We hold that the mere granting of an open extension of time to answer...

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