District Court, N.D. California June 28, 1957, No. 35790 (Gentry v. Hibernia Bank)

HAMLIN, District Judge.

This case is before the Court on the defendants’ motion to dismiss. The *470scope of judicial inquiry in passing on such motions is customarily limited to the pleadings but the peculiar nature of this action and of one of the defendants’ grounds for their motion1 requires that consideration be given to the background and litigation history of this and similar actions.