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NCNB TEXAS NAT. BANK v. COWDEN

No. MO-88-CA-301.

712 F.Supp. 1249 (1989)

NCNB TEXAS NATIONAL BANK and the Federal Deposit Insurance Corporation, in its Corporate Capacity and as Receiver of Republicbank Midland v. Candice Beth COWDEN and Billi Terresa Cowden.

United States District Court, W.D. Texas, Midland-Odessa Division.

April 19, 1989.

Attorney(s) appearing for the Case

Stephen Gillham Tipps, Baker & Botts, Houston, Tex., for Texas Nat. Bank.

William Franklin Carroll, Baker, Mills & Glast, P.C., Dallas, Tex., for Federal Deposit Ins. Corp.

Marc Lynn Skeen, Stubbeman, McRae, Sealy, Laughlin & Browder, Inc., Midland, Tex., for Candice Beth Cowden and Billi Terresa Cowden.

Harris E. Kerr, amicus curiae.

MEMORANDUM OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

BUNTON, Chief Judge.

BEFORE THIS COURT are the Cross-Motions for Summary Judgment of the parties in the above-numbered cause. The issue for determination on summary judgment is dispositive of the entire cause: Whether NCNB is the successor trustee to certain trusts for the benefit of Candice Beth Cowden and Billi Terresa Cowden by virtue of the transfer by the FDIC on July 29, 1988 of the trust department...

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