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LEE v. MARCHETTI

Docket No. 1183.

4 Cal.App.3d 97 (1970)

84 Cal. Rptr. 55

JAMES W. LEE et al., Plaintiffs and Appellants, v. EDILIO MARCHETTI et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

February 4, 1970.

Attorney(s) appearing for the Case

COUNSEL

Lee & Hertzer and Theodore B. Lee for Plaintiffs and Appellants.

Jeffry, Gibson & Barbour and Robert N. Barbour for Defendants and Respondents.

OPINION

GARGANO, J.

Appellants brought this action against respondents in the court below to recover treble damages for an allegedly usurious loan. After issue was joined on the complaint respondents successfully moved for a summary judgment resulting in a dismissal of the action. But, "once again, the temptation to cut the Gordian knot of involved litigation by resort to a summary judgment...

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