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BARD v. ROSE

Docket No. 6661.

203 Cal.App.2d 232 (1962)

21 Cal. Rptr. 382

LOUIS L. BARD et al., Plaintiffs and Respondents, v. AL ROSE et al., Defendants and Appellants.

Court of Appeals of California, Fourth District.

May 3, 1962.

Attorney(s) appearing for the Case

Ruskin & Montgomery, Saul Ruskin and Charles C. Montgomery, Jr., for Defendants and Appellants.

Monroe R. Rubin and Thompson & Colegate for Plaintiffs and Respondents.

SHEPARD, J.

This is an appeal by answering defendants, hereinafter called defendants, from a judgment declaring certain tract building and use restrictions unenforceable as to plaintiffs' lots.

FACTS

While there was some conflict in expert opinion, the facts are without substantial conflict. In 1923 the "Peveler" tract at Palm Springs, California, containing 12 building lots, each lot being 137 1/2...

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