Petitioner, Mannesmann DeMag, Ltd., seeks a writ of mandate to require the trial court to set aside its order denying its motion to dismiss the complaint in the above matter. The motion in the trial court was grounded upon failure of real party, Donald C. Welch, plaintiff in the action below, to serve the summons upon petitioner, defendant in the action below, and return it within three years after the commencement...
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