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FRYE v. FELDER

Docket No. 28863.

246 Cal.App.2d 136 (1966)

54 Cal. Rptr. 627

WALTER E. FRYE et al., Plaintiffs, Cross-defendants and Respondents, v. HARRY FELDER, Defendant, Cross-complainant and Appellant.

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

November 3, 1966.

Attorney(s) appearing for the Case

Marvin G. Poverny for Defendant, Cross-complainant and Appellant.

Lauren M. Handley for Plaintiffs, Cross-defendants and Respondents.

KAUS, J.

Defendant Felder appeals from a summary judgment in favor of plaintiffs Walter E. and Phylliss A. Frye. The issue posed by the appeal is whether a trial court should grant a motion for summary judgment on the basis of facts alleged in plaintiff's uncontradicted declaration, which facts the defendant is in no position to deny, but where the plaintiff's own declaration raises a grave question concerning his credibility.

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