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HOLZMAN v. UNITED CALIFORNIA BANK

Docket No. 8179.

248 Cal.App.2d 833 (1967)

57 Cal. Rptr. 33

LAWRENCE HOLZMAN, as Receiver, etc., Plaintiff and Appellant, v. UNITED CALIFORNIA BANK, Defendant and Respondent.

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

February 27, 1967.

Attorney(s) appearing for the Case

Luce, Forward, Hamilton & Scripps, Edgar A. Luce, Jr. and Theodore W. Graham for Plaintiff and Appellant.

Thomas C. Lynch, Attorney General, and H. Warren Siegel, Deputy Attorney General, as Amici Curiae on behalf of Plaintiff and Appellant.

Swanwick, Donnelly & Proudfit, Glenn & Wright, Maurice H. Wallbert, Eugene Glenn, John R. Schell and Donald O. Welton for Defendant and Respondent.

FINLEY, J. pro tem.*

This appeal is by plaintiff from a judgment of dismissal.

FACTS

On August 24, 1960, the California Commissioner of Corporations issued to Western-America Sports Enterprises, Inc., a corporation (Western), a permit to sell and issue its securities. In January 1961, the permit was amended to provide that all subscription money "shall" be paid to Western and that such money, less one-half of the allowed...

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