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SECURITY MUT. CAS. CO. v. TRANSPORT INDEM. CO.

Docket No. 48155.

66 Cal.App.3d 1009 (1977)

136 Cal. Rptr. 365

SECURITY MUTUAL CASUALTY COMPANY, Plaintiff and Appellant, v. TRANSPORT INDEMNITY COMPANY et al., Defendants and Respondents.

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

February 9, 1977.

Attorney(s) appearing for the Case

COUNSEL

Cummins, White & Breidenbach, Cummins, White, Yokaitis & Rylaarsdam and W.F. Rylaarsdam for Plaintiff and Appellant.

Dryden, Harrington & Swartz, Raphael Cotkin, Peter Abrahams, Jones & Wilson, Lawrence Borys, Lintz, Rothberg & Tanenbaum, Jay J. Tanenbaum, Powers & Tilson and J. Lane Tilson for Defendants and Respondents.

OPINION

DUNN, J.

This is an appeal from an order of dismissal ("judgment," Code Civ. Proc. § 581d) following the sustaining of demurrers to plaintiff's third amended complaint.

That complaint alleges as follows:

On November 1, 1957, plaintiff, a reinsurance company, entered into a written contract with defendants Transport Indemnity Company and Transport Underwriters...

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