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MEL H. BINNING, INC. v. SAFECO INS. CO.

Docket No. 40221.

74 Cal.App.3d 615 (1977)

141 Cal. Rptr. 547

MEL H. BINNING, INC., Plaintiff and Appellant, v. SAFECO INSURANCE COMPANY OF AMERICA, Defendant and Respondent.

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

October 4, 1977.

Attorney(s) appearing for the Case

COUNSEL

Crowell & Kirby, Donald A. Kirby and Johnny Crowell for Plaintiff and Appellant.

Ericksen, Lynch, Mackenroth, Arbuthnot & Brennan, William R. Morton and Preston N. Ericksen for Defendant and Respondent.

OPINION

BRAY, J.*

Plaintiff appeals from judgment of the Alameda County Superior Court of dismissal of the action after sustaining of the demurrer to the third amended complaint.

ISSUE PRESENTED

Does the third amended complaint state a cause of action in fraud?

RECORD

On March 12, 1976, plaintiff filed a third amended complaint for damages in which it was alleged that...

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