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EASTSIDE CHURCH OF CHRIST v. NATIONAL PLAN, INC.

No. 24500.

391 F.2d 357 (1968)

EASTSIDE CHURCH OF CHRIST et al., Appellants, v. NATIONAL PLAN, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 12, 1968.

Attorney(s) appearing for the Case

William Burrow, Golden, Burrow, Potts & Boeckman, Dallas, Tex., for appellants.

Rufus S. Garrett, Jr., Fort Worth, Tex., for appellees.

Before BROWN, Chief Judge, and BELL and THORNBERRY, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge:

This case presents the not unusual question of which of the innocent parties, appellants on the one hand and appellees on the other, must bear a loss sustained through the defalcation of a third party with respect to church bonds. The appellants, seven churches, are seeking recovery against the two appellees, National Plan, Inc. and its president and principal owner, Robert H. Knox. The churches, asserting that they never received payment...

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