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MUELLER v. MacBAN

Docket No. 34185.

62 Cal.App.3d 258 (1976)

132 Cal. Rptr. 222

ADDISON MUELLER, Plaintiff and Appellant, v. MICHAEL F.B. MacBAN, as Savings and Loan Commissioner, etc., Defendant and Respondent; A.C. MEYER, JR., et al., Real Parties in Interest and Respondents.

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

August 12, 1976.

Attorney(s) appearing for the Case

COUNSEL

Munger, Tolles, Hills & Rickershauser, Alan Jay Moscov, Arata, Misuraca & Clement, Clayton E. Clement and Kenneth E. Scott for Plaintiff and Appellant.

Evelle J. Younger, Attorney General, and Melvin R. Samuel, Deputy Attorney General, for Defendant and Respondent.

Angell, Adams & Holmes, Lyman G. Lea, Andrew H. Field, J. Kenny Lewis, Barry D. Hovis, Hahn, Cazier, Hoegh & Leff, Ernest Leff, Robert R. Thornton, Julian A. Pollok and Andrew E. Katz for Real Parties in Interest and Respondents.

OPINION

MOLINARI, P.J.

This is an appeal by petitioner from a judgment denying his petition for a writ of mandate under section 1094.5 of the Code of Civil Procedure. The judgment sustained a determination made pursuant to section 7616 of the Financial Code1 by respondent. The Savings and Loan Commissioner of the State of California (hereinafter referred to as "Commissioner") that petitioner could not bring a derivative...

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