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UNION BOND & TRUST CO. v. M & M WOOD WORKING CO.

Docket No. 18397.

179 Cal.App.2d 673 (1960)

3 Cal. Rptr. 920

UNION BOND AND TRUST COMPANY (a Corporation), Appellant, v. M AND M WOOD WORKING COMPANY (a Corporation), Respondent.

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

April 12, 1960.

Attorney(s) appearing for the Case

A.B. Dunne, G. Blandin Colburn, Jr. and Dunne, Dunne & Phelps for Appellant.

Walker Lowry, Albert J. Moorman, Richard Murray and McCutchen, Doyle, Brown & Enersen for Respondent.

DRAPER, J.

Plaintiff appeals from order dismissing this action for lack of prosecution. Complaint was filed August 29, 1952. One motion to dismiss (based upon the discretion granted by Code Civ. Proc., § 583 and upon § 581a) was made 24 days before the expiration of five years after filing of complaint, and one (based upon the mandatory provision of § 583) 13 days after the five-year period had expired. The motions were argued together and both were...

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