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FRIES v. ANDERSON, CLAYTON & CO.

Docket No. 6096.

190 Cal.App.2d 667 (1961)

12 Cal. Rptr. 336

HERLUF FRIES et al., Appellants, v. ANDERSON, CLAYTON AND COMPANY (a Corporation), Respondent.

Court of Appeals of California, Fourth District.

March 29, 1961.

Attorney(s) appearing for the Case

W.A. McGugin, Lerrigo, Thuesen, Thompson & Thompson, Harold V. Thompson and Walch & Griswold for Appellants.

Avery, Meux & Gallagher, Wild, Christensen, Barnard & Wild, Fulbright, Crooker, Freeman, Bates & Jaworski, Leon Jaworski, B.J. Bradshaw, Kenneth G. Avery and Robert M. Barnard for Respondent.

COUGHLIN, J.

The second amended complaint in this matter alleges a class action, brought on behalf of the two named plaintiffs and all others similarly situated, who were cotton growers, against the defendant, which operated cotton gins, to declare it a constructive trustee of 40,000 tons of cottonseed obtained through ginning the plaintiffs' seed cotton as their agent for which the defendant had not accounted. Seed...

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