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GENTRY v. HIBERNIA BANK

No. 35790.

152 F.Supp. 469 (1957)

Mary Teresa GENTRY and Vivian Clark Huntington, on behalf of themselves and on behalf of all members and depositors, and heirs and legatees of members and depositors, of The Hibernia Savings and Loan Society, Plaintiffs, v. The HIBERNIA BANK a, corporation, The Hibernia Bank, a corporation, as Executor of the Last Will of Richard Montgomery Tobin, also known as Richard M. Tobin, deceased, Joseph O. Tobin, Cyril R. Tobin, Edward J. Tobin, Constance De Young Tobin, Ruth Haskins Tobin, Abby Parrott Tobin, Celia Tobin Clark, Beatrice Tobin Raoul-Duval, Richard Raoul-Duval, Florence Adele Tobin, the Hibernia Bank, a corporation, as Executor of the Last Will of Charles J. Barry, deceased, Ernest O. McCormick, Jr., Leo O'Grady, Sheldon G. Cooper, Joseph O. Tobin, Trustee, Cyril R. Tobin, Trustee, Richard Raoul-Duval, Trustee, Ernest O. McCormick, Jr., Trustee, Leo O'Grady, Trustee, Sheldon G. Cooper, Trustee, and Does One to One Hundred, Defendants.

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

June 28, 1957.

Attorney(s) appearing for the Case

C. Ray Robinson, T. Keister Greer, Eugene A. Mash, O'Gara, McGuire & Danielson, Walter McGovern, San Francisco, Cal., for plaintiffs.

Moses Lasky, Brobeck, Phleger & Harrison, James Farraher, Sullivan, Roche, Johnson & Farraher, San Francisco, Cal., for defendants.

HAMLIN, District Judge.

This case is before the Court on the defendants' motion to dismiss. The scope of judicial inquiry in passing on such motions is customarily limited to the pleadings but the peculiar nature of this action and of one of the defendants' grounds for their motion1 requires that consideration be given to the background and litigation history of this and similar actions. The...

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