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

A.S. JONES and R.P. King, Plaintiffs and Respondents, v. STATE of California, Defendant and Appellant.

Civ. 10828

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 respondents.

This is an appeal by defendant from a judgment of the superior court of Alameda county in favor of plaintiffs for damages alleged to have been sustained by plaintiffs as the result of the construction of a subway fronting plaintiffs' property. It is a companion case of Rose et al. v. State of California et al., Cal.App., 94 P.2d 1058, this day decided. All vital points raised herein are disposed of by the decision in that case. Therefore upon the grounds and for the reasons therein set forth the judgment herein is reversed.

GEARY, Justice pro tem.

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

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