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McCULLEN v. HEREFORD STATE BANK

No. 14882.

214 F.2d 185 (1954)

McCULLEN et ux. v. HEREFORD STATE BANK et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 6, 1954.

Attorney(s) appearing for the Case

Chauncey Trout, Lubbock, Tex., Klett, Bean & Evans, Lubbock, Tex., for appellants.

Cowsert & Bybee, Hereford, Tex., Underwood, Wilson, Sutton, Heare & Boyce, Amarillo, Tex., for appellee, Hereford State Bank.

James W. Witherspoon, Hereford, Tex., Earnest L. Langley, Hereford, Tex., Clayton Heare, Amarillo, Tex., Ray G. Cowsert, Hereford, Tex., John D. Aikin, Wayne E. Thomas, Hereford, Tex., for other appellees.

Before STRUM, Circuit Judge, and DAWKINS and HOOPER, District Judges.

HOOPER, District Judge.

Appellants, J. T. McCullen and his wife, Catalina Samoyoa McCullen, here contend that the trial court, sitting without a jury, committed error in refusing to grant them judgment against Appellees, Hereford State Bank, Frederick C. Klinke and his wife, Anna B. Klinke. The testimony adduced before the trial judge is without any material conflict and discloses the following facts:

Prior to November 5, 1951, Appellants were owners of shares...

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