MAXEY v. CITIZENS NATIONAL BANK OF LUBBOCK

No. 8324.

489 S.W.2d 697 (1972)

Homer G. MAXEY et al., Appellants, v. CITIZENS NATIONAL BANK OF LUBBOCK, Texas, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied January 22, 1973.


Attorney(s) appearing for the Case

Simon & Simon, Harold D. Hammett, Henry W. Simon, Jr., Fort Worth, for appellants.

Shafer, Gilliland, Davis, Bunton & McCollum, W. O. Shafer, Odessa, Evans, Pharr, Trout & Jones, Charles B. Jones, Key, Carr, Evans & Fouts, Lubbock, James M. O'Leary, Odessa, for appellee.


REYNOLDS, Justice.

Summary judgment was rendered in favor of a bank, sued for fraudulent and conspiratorial conversion of property, upon a summary judgment motion theory of res judicata and estoppel by avouched final judgments of absolution of the bank's representatives for the acts asserted against the bank. Affirmed.

A statement of the litigation is required for a proper perspective. Plaintiffs are Homer G. Maxey, William Goodacre and wife, and Tommy Elliott...

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