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FIRST WESTERN BANK & T. CO. v. OMIZZOLO

Docket No. 18428.

176 Cal.App.2d 555 (1959)

1 Cal. Rptr. 758

FIRST WESTERN BANK AND TRUST COMPANY (a Banking Corporation), as Special Administrator, etc., Respondent, v. JOHN P. OMIZZOLO, Appellant.

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

December 23, 1959.

Attorney(s) appearing for the Case

Robert E. Hatch for Appellant.

Charles F. Jonas for Respondent.

Harry S. Young and James Martin MacInnis, as Amici Curiae on behalf of Respondent.

BRAY, P.J.

In an action for declaratory relief, defendant appeals from a judgment declaring plaintiff as special administrator of the estate of Blanche C. Omizzolo, deceased, to be the rightful owner of cash benefits arising from membership by the decedent in the San Francisco City and County Employees' Retirement System.

QUESTIONS PRESENTED

1. May defendant claim any interest in such benefits because...

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