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FRONTIER REFINING CO. v. HOME BANK

Docket No. 33087.

272 Cal.App.2d 630 (1969)

77 Cal. Rptr. 641

FRONTIER REFINING COMPANY, Plaintiff and Appellant, v. HOME BANK, Defendant and Respondent.

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

May 8, 1969.

Attorney(s) appearing for the Case

Rutan & Tucker, Howard F. Harrison and Rodolfo Montejano for Plaintiff and Appellant.

Swerdlow, Glikbarg & Shimer and Allan Albala for Defendant and Respondent.

ROTH, P.J.

This appeal is by The Frontier Refining Company (Frontier) from a summary judgment in favor of Home Bank (Home) rendered in an action brought by Frontier against Home and Jack Ferguson for money had and received. A default had been taken against Ferguson which was being tested by a motion to set it aside. The record does not show the result of this motion.

The undisputed facts show that on December 1, 1955, pursuant to a 10-year written lease in...

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