GREY v. FIRST NATIONAL BANK IN DALLAS

No. 22988.

393 F.2d 371 (1968)

Cornelia O'Connor GREY, James Charles Grey and Michael Carter Grey, Appellants, v. FIRST NATIONAL BANK IN DALLAS et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 14, 1968.


Attorney(s) appearing for the Case

Charles L. Stephens, John C. Andrews, Fort Worth, Tex., Neil A. Pollio, Leon Alexandroff, New York City, J. A. Gooch, Fort Worth, Tex., for appellants.

E. Taylor Armstrong, Storey, Armstrong & Steger, Dallas, Tex., for appellee, First Nat. Bank in Dallas, Successor Trustee of Ivor Elizabeth O'Connor Morgan Trust.

H. W. Strasburger, Royal H. Brin, Jr., Dallas, Tex., for appellee, First Nat. Bank in Dallas, Successor Trustee of James Charles O'Connor Trust, Strasburger, Price, Kelton, Martin & Unis, Dallas, Tex., of counsel.

J. Edwin Fleming, John N. Jackson, Ernest E. Figari, Jr., Henry C. Coke, Jr., Dallas, Tex., for appellee, First Nat. Bank in Dallas, Coke & Coke, Dallas, Tex., of counsel.

Marvin F. Sentell, Z. T. Fortescue, III, Asst. Attys. Gen., Crawford C. Martin, Atty. Gen. of State of Texas, Austin, Tex.

Before BROWN, Chief Judge, and GEWIN and WRIGHT, Circuit Judges.


J. Skelly WRIGHT, Circuit Judge:

Appellants, Cornelia O'Connor Grey, and her two sons, James Charles and Michael Carter Grey, beneficiaries of the James Charles O'Connor Trust, brought suit against appellee First National Bank in Dallas, Trustee of the O'Connor Trust, in the United States District Court for the Northern District of Texas, alleging First National's complete disregard of its fiduciary duties in fraudulently acquiring trust property for its own use....

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