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A-1 DOOR & MATERIALS v. FRESNO GUAR. SAV. & LOAN ASSN.

Docket No. S.F. 21372.

61 Cal.2d 728 (1964)

394 P.2d 829

40 Cal. Rptr. 85

A-1 DOOR AND MATERIALS COMPANY, Plaintiff, Cross-defendant and Respondent, v. FRESNO GUARANTEE SAVINGS & LOAN ASSOCIATION, Defendant, Cross-complainant and Appellant; M. KELLNER & SON LUMBER COMPANY et al., Cross-defendants and Respondents; BENJAMIN LEVITT et al., Cross-defendants and Appellants.

Supreme Court of California. In Bank.

August 25, 1964.

Attorney(s) appearing for the Case

Docker, Docker, Perkins & Shelton, John M. Shelton and Frederick W. Docker for Defendant, Cross-complainant and Appellant.

McKenna & Fitting, Norman H. Raiden, James C. Peterson, Morrison, Foerster, Holloway, Clinton & Clark, Douglas C. White, Landels, Ripley, Gregory & Diamond and Edward D. Landels as Amici Curiae on behalf of Defendant, Cross-complainant and Appellant.

Doty, Quinlan & Kershaw, Burke & La Rue and William A. Quinlan for Cross-defendants and Appellants.

Clifford R. Lewis for Plaintiff, Cross-defendant and Respondent.

Hynes, Bowser & Brunn and McKnight Brunn as Amici Curiae on behalf of Plaintiff, Cross-defendant and Respondent.

Meux, Gallagher, Baker & Manock, Kendall L. Manock and Ralph Moradian for Cross-defendants and Respondents.

TRAYNOR, J.

Defendant and certain cross-defendants appeal from a judgment for plaintiff and cross-defendants determining the rights of unpaid materialmen to the proceeds of construction loans held by defendant savings and loan association.

The case was tried on an agreed statement of facts. Defendant entered into three construction-loan agreements with the owners of three parcels of unimproved real property. Each...

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