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YOAKUM CO. WATER C. & I. DIST. NO. 2 v. FIRST STATE BANK

No. 358.

433 S.W.2d 200 (1968)

YOAKUM COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2, et al., Appellants, v. FIRST STATE BANK, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied October 31, 1968.

Attorney(s) appearing for the Case

Crenshaw, Dupree & Milam, O. V. Scott, Jr., Lubbock, for appellant, R. E. McFall Estate.

Key, Carr, Carr & Clark, Donald M. Hunt, Lubbock, for appellants, Guetersloh.

J. W. Lyon, Jr., Silverton, Vernon A. Townes, Denver City, Wilson, Kendall, Koch & Randle, Gaynor Kendall, Austin, for appellee.

MOORE, Justice.

This is an appeal from a summary judgment. First State Bank, of Silverton, Texas, plaintiff below and appellee herein, brought suit against defendants, Yoakum County Water Control And Improvement District No. 2 (hereinafter called the "district") and its directors, seeking a judgment against the district upon ten $1,000.00 bonds issued by the district and subsequently purchased by the bank.

The bank alleged that at the time of the respective...

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