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BANK OF CALIFORNIA NAT. ASS'N v. TWIN HARBORS LUMBER CO.

No. 71-1365.

465 F.2d 489 (1972)

BANK OF CALIFORNIA NATIONAL ASSOCIATION, Plaintiff-Appellee, v. TWIN HARBORS LUMBER CO., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 25, 1972.

Attorney(s) appearing for the Case

Kevin J. Dunne, (argued), John S. Howell, of Sedgwick, Detert, Moran & Arnold, San Francisco, Cal., for defendant-appellant.

Clayton O. Rost (argued), Palo Alto, Cal., for plaintiff-appellee.

Before MERRILL, KOELSCH and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge:

We granted permission to appeal in this case under 28 U.S.C. § 1292(b) to decide the following question posed by the District Court in its order made pursuant to that section:

"[W]hether or not the plaintiffs, separate property owners in a recreational land development, subject to a prior sale of the logging rights, have such a common and undivided interest in each other's claims against the present holder of those logging rights...

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