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HOUSTON BANK & TR. CO. v. GREAT SOUTHERN LIFE INS. CO.

No. 12178.

232 S.W.2d 163 (1950)

HOUSTON BANK & TRUST CO. et al. v. GREAT SOUTHERN LIFE INS. CO. et al.

Court of Civil Appeals of Texas, Galveston.

Rehearing Denied July 29, 1950.

Attorney(s) appearing for the Case

Leon Jaworski, Chas. W. Bell, Austin Wilson, all of Houston, and Fulbright, Crooker, Freeman & Bates, of Houston, of counsel, for Houston Bank & Trust Co.

Vinson, Elkins & Weems and R. Richard Roberts, all of Houston, for Great Southern Life Ins. Co.

Lawler & Childress and Virgil, Childress, all of Houston, for Texas Bankers Assn.

Price Daniel, Atty. Gen., of Texas, David B. Irons, Administrative Asst. Atty. Gen., and Ned McDaniel and E. Jacobson, Asst. Attys. Gen., for Board of Ins. Com'rs of Texas.

Zollie C. Steakley, Austin, and Smith, Rotsch & Steakley, Austin, of counsel, for amicus curiae Texas Ass'n of Life Underwriters.

MONTEITH, Chief Justice.

This action was brought by Houston Bank & Trust Company, as Trustee, to secure a judicial determination as to whether the insurance features of a retirement plan or system which had been adopted by the members of the Texas Bankers Association were violative of Article 4764a, Vernon's Annotated Civil Statutes, known as the Group Insurance Law or any of the insurance statutes of the State of Texas. The question presented has not, so far...

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