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GARFINKLE v. WELLS FARGO BANK

No. 71-2323.

483 F.2d 1074 (1973)

Susan GARFINKLE and Gary Garfinkle, Plaintiffs-Appellants, v. WELLS FARGO BANK, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

August 24, 1973.

Attorney(s) appearing for the Case

Gary Garfinkle (argued), Lafayette, Cal., for plaintiffs-appellants.

Howard N. Ellman (argued), Edwin A. Frey, Jr., Alan F. Greenwald, of Brobeck, Phleger & Harrison, San Francisco, Cal., for defendant-appellee.

Before TRASK and CHOY, Circuit Judges and TAYLOR, District Judge.

OPINION

FRED M. TAYLOR, District Judge.

Plaintiffs-Appellants, Susan and Gary Garfinkle, have appealed from an order of the District Court dismissing their action against the Wells Fargo Bank (Bank) for want of subject matter jurisdiction. The complaint alleges that the California extra-judicial foreclosure procedure violates the Fifth and Fourteenth Amendments of the United States Constitution because it does...

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