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NATIONAL SURETY CORP. v. FIRST NAT. BANK OF MIDLAND

No. B-814.

431 S.W.2d 353 (1968)

NATIONAL SURETY CORPORATION, Petitioner, v. The FIRST NATIONAL BANK OF MIDLAND, Texas, Respondent.

Supreme Court of Texas.

Rehearing Denied October 2, 1968.

Attorney(s) appearing for the Case

Shafer, Gilliland, Davis, Bunton & McCollum, James M. O'Leary and W. O. Shafer, Odessa, for petitioner.

Turpin, Smith, Dyer, Hardie & Harman, William C. Morrow, Midland, for respondent.

CALVERT, Chief Justice.

The First National Bank of Midland, Texas, sued National Surety Corporation on a Bankers Blanket Bond to recover the sum of $1,500 paid by Bank as a fee to attorneys who successfully defended a suit against it by one Mrs. Otis Beavers. Both parties moved for summary judgment. The trial court overruled National Surety's motion, granted the Bank's motion, and rendered judgment in favor of the Bank. The court of civil appeals affirmed.

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