PETER ROSTAIN PLAINTIFF AND RESPONDENT v. PHIL KATZ AS ADMINISTRATOR WITH THE WILL ANNEXED OF THE ESTATE OF OLGA GUGGENHEIM DECEASED ET AL DEFENDANTS ALEXANDER CONSTRUCTION COMPANY CORPORATION DEFENDANT AND APPELLANT

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District Court of Appeal, Fourth District, California.

PETER R. ROSTAIN, PLAINTIFF AND RESPONDENT, v. PHIL C. KATZ, AS ADMINISTRATOR WITH THE WILL ANNEXED OF THE ESTATE OF OLGA GUGGENHEIM, DECEASED, ET AL., DEFENDANTS, ALEXANDER CONSTRUCTION COMPANY, A CORPORATION, DEFENDANT AND APPELLANT.

Civ. 3112.

Decided: February 29, 1944

Earle P. Thompson, of Los Angeles, for appellant. H. E. Schmidt, of Bakersfield, for respondent.

This is an action to quiet title. The material facts are precisely similar to those in the case of Rostain v. Guggenheim, Cal.App., 146 P.2d 247, and the issues and questions raised are exactly the same. For the reasons stated in the decision in that case the judgment is reversed and the cause remanded.

BARNARD, Presiding Justice.

MARKS and GRIFFIN, JJ., concur.