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HERNDON v. HERNDON

Civ. A. No. SA79CA144.

491 F.Supp. 53 (1980)

Peggy HERNDON, Individually and as Trustee for Carla J. Herndon, Plaintiff, v. Clarence HERNDON, Beverly Herndon Scott and Massachusetts Mutual Life Insurance Company, and First National Bank of San Angelo, Defendants.

United States District Court, W. D. Texas, San Antonio Division.

June 9, 1980.

Attorney(s) appearing for the Case

Daniel R. Rutherford, San Antonio, Tex., for plaintiff.

Alex F. Sears, San Angelo, Tex., Edward R. Finck, Jr., San Antonio, Tex., for defendants.

Goodwin & Berry, San Angelo, Tex., Barry Snell, San Antonio, Tex., for third-party defendant, First City Nat. Bank of San Angelo.

MEMORANDUM OPINION DENYING MOTION TO DISMISS

SPEARS, District Judge.

On this day came on to be considered the Motion to Dismiss filed by First City National Bank ("Bank") in the above entitled and numbered cause and the responses filed thereto. The Bank asserts that it is a national banking association with its principal office and place of business in San Angelo, Texas, within the Northern District of Texas, and that, pursuant to 12 U.S.C. § 94, venue...

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