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LONE STAR BEER, INC. v. FIRST NATIONAL BANK OF ODESSA

No. 6172.

468 S.W.2d 930 (1971)

LONE STAR BEER, INC. and Lone Star Brewing Company, Appellants, v. FIRST NATIONAL BANK OF ODESSA, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied July 14, 1971.

Attorney(s) appearing for the Case

Clark, West, Keller, Sanders & Ginsberg, Cecil D. Elfenbein, Dallas, for appellants.

Turpin, Smith, Dyer, Harman & Osborn, Thornton Hardie, Jr., Midland (Shafer, Gilliland, Davis, Bunton & McCollum, Odessa, of counsel), Malvern G. McDonald, Odessa, for appellee.

OPINION

RAMSEY, Chief Justice.

This is an appeal from a summary judgment. The actions were initiated in the 161st District Court of Ector County. Lone Star Beer, Inc. as Plaintiff-Appellant, filed suit against First National Bank of Odessa, Defendant-Appellee, to recover the amount of checks which were deposited in an account in Defendant bank other than in the account of the named payee. A similar suit was filed by Lone Star Brewing Company as Plaintiff...

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