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SYLLA v. UNITED STATES FID. & GUAR. CO.

Docket No. 46846.

54 Cal.App.3d 895 (1976)

127 Cal. Rptr. 38

WERNER SYLLA, Plaintiff and Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant and Respondent.

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

January 27, 1976.

Attorney(s) appearing for the Case

COUNSEL

Timothy M. O'Connor for Plaintiff and Appellant.

Stephen J. Grogan, Robert E. Long, Ellis J. Horvitz and Arthur E. Schwimmer for Defendant and Respondent.

OPINION

ALLPORT, J.

Plaintiff appeals from an order of dismissal of his first amended complaint for declaratory relief and breach of contract following the sustaining of a demurrer thereto without leave to amend. (Code Civ. Proc., § 581, subd. 3.) The appeal lies. (Code Civ. Proc., §§ 581d, 904.1, subd. (a).)

The amended complaint alleges that plaintiff was the...

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