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LAZZARESCHI INV. v. SAN FRANCISCO FED. S & L ASSN.

Docket No. 28398.

22 Cal.App.3d 303 (1971)

99 Cal. Rptr. 417

LAZZARESCHI INVESTMENT COMPANY, Plaintiff and Appellant, v. SAN FRANCISCO FEDERAL SAVINGS AND LOAN ASSOCIATION et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Four.

December 22, 1971.

Attorney(s) appearing for the Case

COUNSEL

John R. Forde, Jr., for Plaintiff and Appellant.

Stephen Z. Meyers, Sally Disco, Alan Goldhammer and Richard A. Grossman as Amici Curiae on behalf of Plaintiff and Appellant.

Charles D. Sooy and C. Darrell Sooy for Defendants and Respondents.

OPINION

DEVINE, P.J.

Plaintiff appeals from a summary judgment. Plaintiff, by its complaint, seeks recovery of an allegedly illegal penalty and seeks punitive damages against defendants for assertedly exacting it. From declarations presented by the parties at the motion for summary judgment, we have the following narration of facts.

On February 21, 1967, Frank A. Marshall borrowed $300,000 from defendant San Francisco Federal...

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