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HARTMAN v. BANK OF AMERICA NAT. T. & SAVINGS ASS'N

No. 10319.

137 F.2d 945 (1943)

HARTMAN et al. v. BANK OF AMERICA NAT. TRUST & SAVINGS ASS'N.

Circuit Court of Appeals, Ninth Circuit.

September 13, 1943.

Attorney(s) appearing for the Case

Russell P. Tyler and Hugo D. Newhouse, both of San Francisco, Cal., for appellants.

Louis Ferrari, G. D. Schilling, Keyes & Erskine, and Morse Erskine, all of San Francisco, Cal., for appellee.

Before WILBUR, MATHEWS, and STEPHENS, Circuit Judges.

WILBUR, Circuit Judge.

This is an appeal by the plaintiffs from an order of the trial court dismissing their complaint as to the Bank of America National Trust & Savings Association, one of several defendants. The Bank's motion for dismissal was made upon the ground that no cause of action was stated against it because the matter was res judicata under an order and a decree of the California probate court, referred to in the complaint, and because the action was...

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