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QUARANTA v. MERLINI

Docket No. A028677.

192 Cal.App.3d 22 (1987)

237 Cal. Rptr. 179

ANGELO QUARANTA et al., Plaintiffs and Appellants, v. ALFREDO MERLINI, Defendant and Respondent.

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

April 27, 1987.

Attorney(s) appearing for the Case

COUNSEL

Graydon S. Staring, Lillick, McHase & Charles, Daniel U. Smith, Eric G. Scheie and Gary E. Mass for Plaintiffs and Appellants.

C.D. Zappettini, St. Clair, Zappettini, McFetridge & Griffin and Cyril Viadro for Defendant and Respondent.

OPINION

BARRY-DEAL, J.

This is an appeal from a judgment of dismissal of an action for failure to serve and return the summons within the three-year period provided for in former Code of Civil Procedure section 581a.1 We must decide whether it was error for the trial court to dismiss the action even though service by publication had earlier been ordered and effected after the statutory three-year period...

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