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SIMONS v. FIRST NAT. BANK IN BRONTE, TEX.

No. 9035.

107 F.2d 979 (1939)

SIMONS v. FIRST NAT. BANK IN BRONTE, TEX. et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 15, 1940.

Attorney(s) appearing for the Case

Lyndsay D. Hawkins, of Breckenridge, Tex., for appellant.

J. M. Wagstaff and Ellis Douthit, both of Abilene, Tex., and Geo. T. Wilson, of San Angelo, Tex., for appellees.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

G. A. Simons sought a declaratory judgment touching his right to $4,963 on special deposit with First National Bank in Bronte, Texas, which was also claimed by H. O. Wooten, and asked a recovery of it. Wooten asserted his claim to the fund, and the Bank disclaimed any interest, asking only a fee for its attorney for bringing in the fund. The court after hearing evidence awarded the money to Wooten, charging the costs of litigation, including...

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