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McBAIN v. SANTA CLARA SAV. & LOAN ASSN.

Docket No. 22151.

241 Cal.App.2d 829 (1966)

51 Cal. Rptr. 78

JOHN C. McBAIN et al., Defendants and Appellants, v. SANTA CLARA SAVINGS & LOAN ASSOCIATION, Defendant and Respondent.

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

May 5, 1966.

Attorney(s) appearing for the Case

Mezzetti & McDiarmid, Mezzetti & Aguilar, Robert L. Mezzetti, Elva Soper Aguilar and Robert P. Aguilar for Defendants and Appellants.

Christy, Costello, Hoffman & Premo and Eugene M. Premo for Defendant and Respondent.

McKenna & Fitting and Aaron M. Peck as Amici Curiae on behalf of Defendant and Respondent.

SULLIVAN, P.J.

This is an appeal from a judgment entered in an action for declaratory relief determining that certain unpaid subcontractors and materialmen were not entitled to the unexpended balance of a construction loan held by a lender savings and loan association.

In the main, the facts are undisputed. Plaintiffs Robert L. Dodge and Walker Vaughn, partners, doing business under the name of Surrey Farm Developers, owned a certain lot in a tract in Santa...

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