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NICHOLS v. SWIMQUIP

Docket No. B007233.

171 Cal.App.3d 216 (1985)

217 Cal. Rptr. 272

JAMES EDWARD NICHOLS, a Minor, etc., Plaintiff and Appellant, v. SWIMQUIP, Defendant and Respondent.

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

August 19, 1985.

Attorney(s) appearing for the Case

COUNSEL

Joseph Daniel Davis for Plaintiff and Appellant.

Dunne, Shallcross & Kane and Allan C. Whelan for Defendant and Respondent.

OPINION

EAGLESON, J.

We hold that a manufacturer and seller of a diving platform installed in a swimming pool is not an improver of real property for purposes of the four-year statute of limitations in Code of Civil Procedure section 337.1.1 The judgment of nonsuit entered in respondent's favor is reversed.

FACTS

On September 7, 1969, appellant James E. Nichols was using the swimming...

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