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NORMAN v. BERNEY

Docket No. 22067.

235 Cal.App.2d 424 (1965)

45 Cal. Rptr. 467

ERNEST EUGENE NORMAN, Plaintiff and Respondent, v. RAY BERNEY, Defendant and Appellant.

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

June 28, 1965.

Attorney(s) appearing for the Case

Stewart & Tuttle, William H. Tuttle and W.K. Stewart for Defendant and Appellant.

Weingarten, Girard & McGinty and Irwin B. Rosenstein for Plaintiff and Respondent.

BRAY, J.*

Defendant Ray Berney appeals from an order denying his motion to set off judgment.

QUESTIONS PRESENTED

1. Was the default judgment in Handley v. Norman valid?

2. Did Weingarten acquire an interest under the contingent fee agreement which diminished or defeated defendant Berney's right to set off the Handley judgment?

3. Is defendant Berney entitled to set off the Handley judgment...

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