Rus, Miliband & Smith v. Conkle & Olesten

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12/19/03 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE RUS, MILIBAND & SMITH, Cross-Complainant and Appellant, v. G030325 (Super. Ct. No. 00CC09852) CONKLE & OLESTEN et al., MODIFICATION OF OPINION; NO CHANGE IN JUDGMENT Cross-Defendants and Respondents. The court has received a request for correction of decision which it will treat as a request for modification of the opinion filed November 21, 2003. The motion is DENIED, except in regard to the following particulars: 1. On page 18 of the slip opinion, in the third complete paragraph, the parenthetical material should end with the words a good settlement and not, as they now do, with the words justified the withdrawal . 2. On page 20 of the slip opinion, insert row for road in the penultimate sentence in the first full paragraph. Also, on the court s own motion, in the last sentence of the second paragraph on page 2 of the slip opinion the merely cite should be they merely cite . These modifications do not change the judgment. SILLS, P. J. WE CONCUR: O LEARY, J. MOORE, J. 2

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