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District Court of Appeal, First District, Division 1, California.

Maria Simas BETTENCOURT, Plaintiff and Respondent, v. STATE of California, Defendant and Appellant.

Civ. 10826

Decided: October 13, 1939

C.C. Carleton, Frank B. Durkee, C.R. Montgomery, and Robert E. Reed, all of Sacramento, for the State. E.H. Christian and Eugene K. Sturgis, both of Oakland, for respondent.

This is one of several appeals from judgments entered in actions for damages arising out of highway construction work. All material points here presented are disposed of in a decision this day filed in the case of Rose et al. v. State of California et al., Cal.App., 94 P.2d 1058. Upon the grounds and for the reasons there given, the judgment herein is reversed.

GEARY, Justice pro tem.

We concur: KNIGHT, Acting P.J.; WARD, J.

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