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ROBERTS v. BANK OF AMERICA NAT'L TRUST AND SAV. ASS'N

Docket No. 15366.

112 Cal.App.2d 823 (1952)

247 P.2d 356

JOHN STEWART ROBERTS, Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association) et al., Respondents.

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

August 25, 1952.

Attorney(s) appearing for the Case

McNeil, Hilger, Markley & Sapiro for Appellant.

Samuel B. Stewart, Jr., H.H. Bechtel, Carlisle C. Crosby and Peter J. Crosby, Jr., for Respondents.

DOOLING, J.

Appellant filed his notice of appeal herein on November 2, 1951. On August 8, 1951, appellant was adjudicated a bankrupt in the United States District Court. Although appellant according to his verified application for relief from default "requested and demanded of the Trustee in Bankruptcy to proceed with the appeal herein ... said Trustee refused and failed to proceed with and has abandoned said appeal and has taken no action herein."

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