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ORANGE EMPIRE NAT. BANK v. KIRK

Docket No. 8653.

259 Cal.App.2d 347 (1968)

66 Cal. Rptr. 240

ORANGE EMPIRE NATIONAL BANK, Cross-complainant and Respondent, v. LOWELL O. KIRK, Cross-defendant and Appellant.

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

February 21, 1968.

Attorney(s) appearing for the Case

Cossaboom & Gunderman, James D. Riddet and Gary E. Gunderman for Cross-defendant and Appellant.

Launer, Chaffee & Hanna and Daniel L. Stack for Cross-complainant and Respondent.

KERRIGAN, J.

On July 16, 1965, the Orange Empire National Bank filed a cross-complaint for $50,000 against several parties, including the cross-defendant Lowell O. Kirk, M.D. The bank's cross-action was predicated on a continuing guaranty which was allegedly signed by several cross-defendants, including Kirk. The bank's cause of action arose as a result of a lawsuit filed by certain plaintiffs and cross-defendants who sought cancellation of the aforesaid written guaranty...

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