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BURKE v. HIBERNIA BANK

Docket Nos. 18693, 18776.

186 Cal.App.2d 739 (1960)

9 Cal. Rptr. 890

BARBARA BEATRICE KASTL MANCHA BURKE, Appellant, v. THE HIBERNIA BANK (a Corporation) et al., Respondents. BEVERLY W. THEOBALD et al., Appellants, v. THE HIBERNIA BANK (a Corporation) et al., Respondents.

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

November 28, 1960.

Attorney(s) appearing for the Case

C. Ray Robinson, Eugene A. Mash, O'Gara, McGuire & Danielson and Walter McGovern for Appellants.

Tobin & Tobin, Sullivan, Roche, Johnson & Farraher and Brobeck, Phleger & Harrison for Respondents.

TOBRINER, J.

In these two actions appellants, as successors in interest of Thomas Cian and Michael Kane, seek a determination of their asserted rights in The Hibernia Bank. Appellants would fashion a sword of factual issues to pierce respondents' summary judgments, but the affidavit upon which they rely consists of inadmissible evidence, while respondents' affidavits state facts sufficient to sustain the judgments.

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