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BRILL v. NORTHERN CALIFORNIA SAV. & LOAN ASS'N

No. C-82-3137 RFP.

555 F.Supp. 566 (1982)

Alan BRILL, Harold Brill, and Helen Brill, Plaintiffs, v. NORTHERN CALIFORNIA SAVINGS AND LOAN ASSOCIATION, et al., Defendants.

United States District Court, N.D. California.

December 7, 1982.

Attorney(s) appearing for the Case

James J. Rowan, Howell & Hallgrimson, San Jose, Cal., for plaintiffs.

David M. Ivester, Washburn & Kemp, San Francisco, Cal., for defendant Great Western Sav.

Allen L. Martini, Ropers, Majeski, Kohn, Bently, Wagner & Kane, San Jose, Cal., for defendant Thunderbird Realty.

J. Stoffel, San Diego, Cal., for defendant Dave Garber.

Daniel Hanley, San Jose, Cal., for defendants.

MEMORANDUM

PECKHAM, Chief Judge.

Plaintiffs seek recovery from their lender and an associated party for the flood destruction of property owned by plaintiffs. Defendants move to dismiss pursuant to F.R.C.P. 12(b)(6).

STATEMENT OF FACTS

Plaintiffs Alan Brill, Harold Brill, and Helen Brill ("the Brills") purchased a residence at 117 Beth Drive, Felton, California, in December, 1979, at a price of $109,000. Defendant Northern California Savings...

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