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BALDWIN v. PEOPLES NATIONAL BANK OF TYLER

No. 7150.

327 S.W.2d 616 (1959)

Fred BALDWIN et ux., Appellants, v. PEOPLES NATIONAL BANK OF TYLER, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied September 22, 1959.

Attorney(s) appearing for the Case

Sam Dawkins, Jr., Leffingwell, Dawkins & Oehmann, Dallas, for appellants.

Spruiell, Lowry, Potter, Lasater & Guinn, Tyler, for appellee.

FANNING, Justice.

The opinion of August 4, 1959, in this cause is withdrawn and the following opinion is substituted in lieu thereof. Appellants' motion for rehearing is overruled and the judgment of the trial court is affirmed.

Fred Baldwin and wife sued appellee bank for damages for the allegedly wrongful offset from their deposit accounts with appellee bank and also sued for an alleged double usury penalty. Defendant bank's motion for summary judgment was...

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