VALERIO v. BOISE CASCADE CORP.

Docket No. A017482.

177 Cal.App.3d 1212 (1986)

223 Cal. Rptr. 592

MICHAEL VALERIO et al., Plaintiffs and Appellants, v. BOISE CASCADE CORPORATION et al., Defendants and Respondents; INEZ GUNDERSHAUG, Intervener and Appellant.

Court of Appeals of California, First District, Division Four.

February 27, 1986.


Attorney(s) appearing for the Case

COUNSEL

Ernest M. Thayer, Brown & Finney, Richard B. McDonough and Carroll, Burdick, & McDonough for Plaintiffs and Appellants and for Intervener and Appellant.

John K. Van de Kamp, Attorney General, Julian Standen, Deputy Attorney General, Jan T. Chilton, Severson, Werson, Berke & Melchoir, Roy M. Brisbois, Stephen M. Lans, Duane C. Musfelt, Robert S. Wood, Lewis, D'Amato, Brisbois & Bisgaard, Jerome I. Braun, Farella, Braun & Martel, Victor J. Haydel III, Martin Titcomb and Frederick E. Watson for Defendants and Respondents.


OPINION

POCHE, J.

The primary issue in the instant appeal is: where a plaintiff files almost identical actions in federal and state courts, does the pendency of the federal action render it impracticable or futile for the plaintiff to comply with the requirement that a summons on the state complaint be served and returned within three years after the action is filed? (See former Code Civ. Proc., § 581a, subd. (a); see now Code...

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