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FINDLEY v. GARRETT

Docket No. 18172.

109 Cal.App.2d 166 (1952)

240 P.2d 421

KENNETH H. FINDLEY et al., Appellants, v. J.C. GARRETT et al., Respondents.

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

February 8, 1952.

Attorney(s) appearing for the Case

Kenneth N. Dellamater and Ivan G. McDaniel for Appellants.

Gibson, Dunn & Crutcher, Homer D. Crotty, Herbert F. Sturdy and Samuel O. Pruitt, Jr., O'Melveny & Myers, Jackson W. Chance, Graham L. Sterling, Jr., Philip F. Westbrook, Jr., Frederick E. Hines, John A. Dundas, Louis Lieber, Jr., Guthrie, Darling & Shattuck, Milo V. Olson, Morrow & Morrow, Hubert T. Morrow and Leonard M. Comegys for Respondents.

WOOD (Parker), J.

In this stockholders' derivative action, plaintiffs appeal from a judgment of dismissal which was entered upon an order sustaining a demurrer to the first amended complaint without leave to amend.

All the allegations of that complaint are upon information and belief, except the allegations in three of the paragraphs hereinafter set forth wherein it is stated that the allegations are not upon information and belief.

It is alleged in...

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