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TEXAS COMMERCE BANK v. GARAMENDI

Docket No. B071545.

28 Cal.App.4th 1234 (1994)

34 Cal. Rptr.2d 155

TEXAS COMMERCE BANK-EL PASO, N.A. et al., Plaintiffs and Appellants, v. JOHN GARAMENDI, as Insurance Commissioner, etc., et al., Defendants and Respondents; OFFICIAL ALLOCATED ANNUITIES COMMITTEE et al., Interveners and Respondents.

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

September 28, 1994.

Attorney(s) appearing for the Case

COUNSEL

Thelen, Marrin, Johnson & Bridges, Paul R. Haerle, Gary L. Fontana, Christine C. Franklin, Pillsbury, Madison & Sutro, Philip S. Warden, John M. Grenfell, Kevin M. Fong, Mark Schallert, Robert L. Wallan, Adams, Duque & Hazeltine, Dale A. Welke, Catherine Hunt Ruddy and Terry L. Tron for Plaintiffs and Appellants.

Daniel E. Lungren, Attorney General, Edmond B. Mamer, Deputy Attorney General, Howard, Rice, Nemerovski, Canady, Robertson & Falk, Jerome B. Falk, Jr., Steven L. Mayer, Peter J. Busch, Laurence F. Pulgram, Rubinstein & Perry, Karl L. Rubinstein and Dana Carli Brooks for Defendants and Respondents.

Brobeck, Phleger & Harrison, G. Larry Engel, Kent M. Roger, David M. Higgins, Robert L. Hagle, Pachulski, Stang, Ziehl & Young, Larry W. Gabriel and Iain A.W. Nasatir for Interveners and Respondents.

OPINION

NOTT, J.

The question presented is whether, as prevailing parties in a declaratory relief action brought against the Insurance Commissioner as conservator of an insolvent insurance company to challenge the commissioner's designation of priority status, appellant policyholders are entitled to attorney fees and costs as provided for in their contract with the insurance company...

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