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FAIRCHILD v. BANK OF AMERICA NAT. TRUST AND SAVINGS ASSN.

Docket No. 23243.

165 Cal.App.2d 477 (1958)

332 P.2d 101

ARTHUR A. FAIRCHILD, as Executor, etc., Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association) et al., Respondents.

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

November 24, 1958.

Attorney(s) appearing for the Case

Roger J. Pryor and Pauline Day Bakst for Appellant.

Samuel B. Stewart, Hugo A. Steinmeyer, Robert H. Fabian and Frank L. Schmehr for Respondents.

FOX, P.J.

Defendants' motion to dismiss on the ground that the matters alleged in plaintiff's first amended complaint were res judicata was granted and plaintiff appeals from the ensuing judgment of dismissal.1 In this action, plaintiff sought to recover money from the defendant bank, as special administrator of the estate of Myrtle F. Welch, and from A.L. Brchan, agent for the bank, by reason of the alleged failure of the defendants to...

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