CONLEY, P.J.
The plaintiff appeals from a judgment of dismissal entered by the trial judge on motion pursuant to section 581a of the Code of Civil Procedure; that section, on its face, requires the dismissal of an action in which the defendant is not served and the return of summons filed within three years from the commencement of an action unless plaintiff shows (1) that there was an agreement between the parties extending the said period, or (2) that the defendant...
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