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BERNARD v. INDEMNITY INS. CO. OF NORTH AMERICA

Docket No. 22241.

162 Cal.App.2d 479 (1958)

329 P.2d 57

J.W. BERNARD et al., as Trustees, etc., Plaintiffs and Appellants, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Defendant and Appellant.

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

August 1, 1958.

Attorney(s) appearing for the Case

George M. Cox and Charles P. Scully for Plaintiffs and Appellants.

Johnson & Stanton, Gardiner Johnson and Thomas E. Stanton, Jr., as Amici Curiae on behalf of Plaintiffs and Appellants.

Anderson, McPharlin & Conners and Kenneth E. Lewis for Defendant and Appellant.

Bohnert & McCarthy and Arthur M. Bohnert, Jr., as Amici Curiae on behalf of Defendant and Appellant.

FOURT, J.

This is an appeal from a judgment which ordered the dismissal of the action as against the respondent surety company after sustaining of a demurrer to the amended complaint without leave to amend.

There appears to be no serious dispute as to the facts of the case. Appellants constitute the board of trustees of the Carpenters Health and Welfare Trust for Southern California (sometimes hereinafter referred to as the "Trust Fund"), which Trust Fund...

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