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BRUNSON v. FIRST NATIONAL BANK OF BRYAN

No. 26590.

405 F.2d 1193 (1969)

John S. BRUNSON, Trustee of Frank Court, d/b/a Court's Wholesale Company, and the Bootery, a Bankrupt, Plaintiffs-Appellees, v. The FIRST NATIONAL BANK OF BRYAN, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

January 3, 1969.

Attorney(s) appearing for the Case

James E. Ross, Houston, Tex., Blades, Crain, Slator, Winters & Ross, Houston, Tex., for defendant-appellant.

Myron M. Sheinfeld, Houston, Tex., for plaintiffs-appellees.

Before GOLDBERG and MORGAN, Circuit Judges, and LIEB, District Judge.

PER CURIAM:

This case was submitted to a jury in the court below upon a single interrogatory which inquired, "Did the First National Bank of Bryan know, or should it have known, that Frank Court was insolvent during the period November 2 to November 7, 1964?" To this special interrogatory, the jury answered, "Yes." Basing its decision upon the jury's answer to this one interrogatory and the stipulations of counsel relating to the other essential elements of a preferential...

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