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FIDELITY & CAS. CO. v. McMURRY

Docket No. 26316.

217 Cal.App.2d 767 (1963)

32 Cal. Rptr. 243

THE FIDELITY & CASUALTY COMPANY OF NEW YORK, Plaintiff and Appellant, v. DORIS LOUISE McMURRY, as Administratrix, etc., Defendant and Respondent.

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

June 28, 1963.

Attorney(s) appearing for the Case

Weingand, Tipton, Kendig & Stockwell and Eugene L. Stockwell, Jr., for Plaintiff and Appellant.

Parker, Stanbury, McGee, Peckham & Garrett and Francis J. Cronin for Defendant and Respondent.

FORD, J.

This is an appeal by the plaintiff from a judgment entered after the general demurrer of the defendant as administratrix to the complaint had been sustained without leave to amend on the ground that there was no allegation that a claim against the estate of Joe Leonard McMurry, deceased, had been filed or presented.1

In the complaint, which was filed on June 30, 1961, it was alleged that the plaintiff was a corporation...

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