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KAPELUS v. NEWPORT EQUITY FUNDS, INC.

Docket No. 27781.

147 Cal.App.3d 1 (1983)

194 Cal. Rptr. 893

MARVIN B. KAPELUS et al., Plaintiffs and Appellants, v. NEWPORT EQUITY FUNDS, INC., et al., Defendants and Respondents.

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

September 14, 1983.

Attorney(s) appearing for the Case

COUNSEL

Marvin B. Kapelus & Associates, Lee W. Landrum and Daniel C. Warriner for Plaintiffs and Appellants.

Eric F. Fagan and Joel A. Schiffman for Defendants and Respondents.

OPINION

COLOGNE, Acting P.J.

Marvin B. and Audrey Kapelus appeal the order dissolving the preliminary injunction which had been granted in their action against Newport Equity Funds, Inc. (NEF), Newport Equity Fund Trust 295 (Trust 295), D.M. Sutherland and Real Estate Securities Service.

On October 2, 1980, the Kapeluses executed a note secured by a second deed of trust payable to Trust 295 in the amount of $225,000. The note...

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