CITIZENS NAT. BANK v. FIDELITY & DEPOSIT CO.

No. 9618.

117 F.2d 852 (1941)

CITIZENS NAT. BANK OF WACO, TEX., v. FIDELITY & DEPOSIT CO. OF MARYLAND.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 8, 1941.


Attorney(s) appearing for the Case

J. Blanc Monroe and Monte M. Lemann, both of New Orleans, La., and Harvey M. Richey, of Waco, Tex., for appellant.

Albert B. Hall, of Dallas, Tex., for appellee.

Before HOLMES and McCORD, Circuit Judges, and DAWKINS, District Judge.


DAWKINS, District Judge.

The nature of the present case is set forth in the opinion of this court on the former appeal reported in 100 F.2d at page 807. As will be seen, that opinion was somewhat unusual in that it was written by the Judge who dissented from the conclusions of the majority. A judgment in favor of the defendant bank was reversed and we said: "We all agree with appellant that once the moneys were deposited...

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