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SMITH v. NORTH

Docket No. 7926.

244 Cal.App.2d 245 (1966)

53 Cal. Rptr. 94

J. BURRITT SMITH et al., Plaintiffs and Appellants, v. LOWELL O. NORTH et al., Defendants and Respondents.

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

August 15, 1966.

Attorney(s) appearing for the Case

Burch, Gregory & Platt and Charles E. Burch, Jr., for Plaintiffs and Appellants.

Jack L. Oatman, John D. Butler and Robert C. Baxley for Defendants and Respondents.

COUGHLIN, Acting P.J.

Plaintiffs appeal from a judgment denying an injunction to restrain defendants from building a proposed dwelling which plaintiffs allege would violate tract building restrictions.

Plaintiffs and defendants are the owners, respectively, of Lots 26 and 9 in "Yacht Club Terrace," a Point Loma subdivision. Lot 26 is deeper than Lot 9; partly adjoins the latter; and lies in a general northwesterly direction therefrom. Both of these and other...

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