SMITH v. THE JAMES IRVINE FOUNDATION

Civ. A. No. 66-1285.

277 F.Supp. 774 (1967)

Athalie Irvine SMITH, Plaintiff, v. THE JAMES IRVINE FOUNDATION, a Corporation et al., Defendants.

United States District Court C. D. California.

December 18, 1967.


Attorney(s) appearing for the Case

Lyndol L. Young, Thomas V. Girardi, Los Angeles, Cal., C. Ray Robinson, Merced, Cal., for plaintiff, Athalie Irvine Smith.

McCutchen, Black, Verleger & Shea, Howard J. Privett, Sheldon A. Gebb, Los Angeles, Cal., Burnham Enersen, San Francisco, Cal., for defendants, The James Irvine Foundation, N. Loyall McLaren, A. J. McFadden, James G. Scarborough, Robert H. Gerdes, James H. Metzgar, Edward W. Carter, Mark R. Sullivan, John V. Newman, John A. Murdy, Jr., Morris M. Doyle, and William Bradford Hellis.

Pillsbury, Madison & Sutro, Charles B. Renfrew, San Francisco, Cal., for defendant, Kate L. Wheeler.

Gibson, Dunn & Crutcher, William French Smith, Robert S. Warren, Jan Vetter, Los Angeles, Cal., for defendant, The Irvine Co.

Latham & Watkins, Ira M. Price, II, John P. McLoughlin, Los Angeles, Cal., for defendant, Linda Irvine Gaede.

Lillick, McHose, Wheat, Adams & Charles, John F. Kimberling, Los Angeles, Cal., for defendants, Gloria Wood Irvine and Security First National Bank, a national banking association, as executors and trustees of the estate of Myford Irvine, deceased.

Elden C. Friel, San Francisco, Cal., for defendant, William Thornton White, Jr., as executor of the estate of Katharine Brown Irvine, deceased.

Carl Boronkay, Deputy Atty. Gen., Los Angeles, Cal., for defendant Thomas C. Lynch, Attorney General of the State of California.

Hall, Henry, Oliver & McReavy, Stephen McReavy, James L. Tipton, San Francisco, Cal., for defendants, N. Loyall McLaren and Robert H. Gerdes in their capacity as trustees of the trusts established by the will of James Irvine, deceased.


MEMORANDUM

GRAVEN, Senior District Judge (by assignment).

The plaintiff in this action is an heir at law and a beneficiary under the will of James Irvine, deceased. He was her paternal grandfather. She commenced this action on August 10, 1966. She asks that certain shares of corporate stock of The Irvine Company standing in the name of The James Irvine Foundation be held to be a part of the assets of the estate of James Irvine. She also asks for damages...

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