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SMITH v. KRUEGER

Docket No. 29728.

150 Cal.App.3d 752 (1983)

198 Cal. Rptr. 174

ELMER G. SMITH et al., Plaintiffs and Appellants, v. ERNEST E. KRUEGER et al., Defendants and Respondents.

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

December 29, 1983.

Attorney(s) appearing for the Case

COUNSEL

Fred Crane and Alan L. Green for Plaintiffs and Appellants.

Casey & Munn and Ford Dent Munn for Defendants and Respondents.

OPINION

MORRIS, P.J.

Elmer and Lucile Smith have appealed from an order denying them the attorney's fees they incurred from litigation resulting from defendants' attempt to enforce the acceleration clause in a deed of trust on their home. The sole issue is whether the adverse order constituted an abuse of discretion. We find it did and we reverse.

FACTS

Neither party...

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