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PHINNEY v. LANGDEAU

No. 10770.

337 S.W.2d 393 (1960)

R. L. PHINNEY, Appellant, v. C. H. LANGDEAU, Receiver of Provident American Trust Co. et al., Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied July 27, 1960.

Attorney(s) appearing for the Case

Russell B. Wine, U. S. Atty., Preston H. Dial, Jr., Asst. U. S. Atty., San Antonio, for appellant.

Cecil C. Rotsch, Norman V. Suarez, F. William Colburn, Austin, for appellee.

ARCHER, Chief Justice.

This is a case where the District Director of Internal Revenue, R. L. Phinney, filed a claim against three insurance companies in receivership. Upon motion for payment of the claim the District Court held that the claim had been rejected by the Receiver, and the claimant failed to bring action upon the rejected claim within three months after service of notice of rejection, thereby rendering the rejection final and not subject to review.

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