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WEICHMAN v. VETRI

Docket No. 17832.

100 Cal.App.2d 177 (1950)

223 P.2d 288

FREDERIC S. WEICHMAN, Respondent, v. WILLIAM E. VETRI et al., Defendants; BRAZ COX, Appellant.

Court of Appeals of California, Second District, Division Two.

October 27, 1950.

Attorney(s) appearing for the Case

Jess F. High and Victor J. Obegi for Appellant.

George E. Stoddard for Respondent.

WILSON, J.

This appeal presents the simple question whether a summary judgment shall be allowed to stand when defendant's answer denies all material allegations of the complaint and the denials in his response to the motion for summary judgment and to plaintiff's affidavits present a triable issue of fact and a defense to the cause of action. The answer to this question is that in such circumstances the summary judgment must be reversed. (Strauss v. Strauss...

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