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GLUSKIN v. ATLANTIC SAVINGS & LOAN ASSN.

Docket No. 39381.

32 Cal.App.3d 307 (1973)

108 Cal. Rptr. 318

JACK J. GLUSKIN et al., Plaintiffs and Appellants, v. ATLANTIC SAVINGS AND LOAN ASSOCIATION, Defendant and Respondent.

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

May 14, 1973.

Attorney(s) appearing for the Case

COUNSEL

Graham & James, Leo J. Vander Lans, Don A. Proudfoot, Jr., David A. Hayden, John R. Hetland and Anne T. Kneeland for Plaintiffs and Appellants.

Kellett, Oksner & Spada, Fitzpatrick & Wiley and D. Joseph Spada for Defendant and Respondent.

OPINION

COLE, J.*

Plaintiff (a limited partnership, hereinafter called "D-B") sought a judgment in declaratory relief that the lien of a deed of trust held by it on 172 lots in a tract, was prior and superior to the liens of two deeds of trust held by defendant Atlantic Savings and Loan Association (Atlantic). The judgment was adverse to D-B and it appeals.

The issues arise out of a transaction...

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