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HOLT v. COLLEGE OF OSTEOPATHIC PHYSICIANS & SURGEONS

Docket No. L.A. 26995.

61 Cal.2d 750 (1964)

394 P.2d 932

40 Cal. Rptr. 244

J. FRANK HOLT et al., Plaintiffs and Appellants, v. COLLEGE OF OSTEOPATHIC PHYSICIANS AND SURGEONS et al., Defendants and Respondents.

Supreme Court of California. In Bank.

August 31, 1964.

Attorney(s) appearing for the Case

Mitchell, Silberberg & Knupp, Arthur Groman and Howard S. Smith for Plaintiffs and Appellants.

Stanley Mosk, Attorney General, Carl Boronkay, Deputy Attorney General, Belcher, Henzie & Biegenzahn, Belcher, Henzie & Fargo, George M. Henzie and Seth M. Hufstedler for Defendants and Respondents.

TRAYNOR, J.

Plaintiffs appeal from a judgment of dismissal entered after the sustaining of a demurrer to their complaint without leave to amend in an action to enjoin the breach of a charitable trust and for declaratory relief.

Plaintiffs are three trustees of defendant College of Osteopathic Physicians and Surgeons (hereinafter COPS), a California charitable corporation. The other defendants are the 23 remaining trustees on the COPS board of trustees and...

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