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EXCHANGE BANK & TRUST CO. v. KIDWELL CONSTRUCTION CO.

No. B-2651.

472 S.W.2d 117 (1971)

EXCHANGE BANK AND TRUST COMPANY, Petitioner, v. KIDWELL CONSTRUCTION COMPANY, Inc., Respondent.

Supreme Court of Texas.

Rehearing Denied November 17, 1971.

Attorney(s) appearing for the Case

Akin, Vial, Hamilton, Koch & Tubb, James A. Knox and Charles J. McGuire, Dallas, for petitioner.

Rain, Harrell, Emery, Young & Doke, Stan McMurry, Dallas, for respondent.

PER CURIAM.

The application for writ of error in this case is refused with the notation "no reversible error". The court of civil appeals at 463 S.W.2d 465, construed two sections of the Uniform Commercial Code; Sec. 4.406, Tex.Bus. & Com.Code, and Sec. 3.406, Tex.Bus. & Com.Code. As to the former, the court of civil appeals held that the trial court's finding that the bank failed...

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