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DEFENBACHER v. WALKER

No. 28901.

90 F.Supp. 1 (1950)

DEFENBACHER et al. v. WALKER et al.

United States District Court N. D. California, S. D.

May 2, 1950.

Attorney(s) appearing for the Case

Joseph L. Alioto, Chauncey McKeever, San Francisco, Cal., and Dana C. Smith, Pasadena, Cal., for plaintiffs.

Herbert W. Clark, Morrison, Hohfeld, Foerster, Shuman & Clark, Philip A. Ray, and McCutchen, Thomas, Matthew, Griffiths & Greene, all of San Francisco, Cal., for defendants.

ROCHE, Chief Judge.

This is an action for fraud in which the plaintiffs seek damages, an accounting and other relief for the alleged violation of a fiduciary relationship by the defendant Kenneth R. Walker during the course of certain timber transactions. Defendants deny that Kenneth R. Walker was such a fiduciary and contend that, even if he were, plaintiffs waived the alleged fraud. For an understanding of the problem a...

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