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TEXAS BANK AND TRUST IN WICHITA FALLS v. HELMCAMP

No. 17479.

506 S.W.2d 667 (1974)

TEXAS BANK AND TRUST IN WICHITA FALLS, Texas, Appellant, v. Jack F. HELMCAMP, Individually and Co-Trustee of the Burford Helmcamp Trust and as next friend for Kim Helmcamp et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

March 1, 1974.

Attorney(s) appearing for the Case

Bailey, Williams, Westfall & Henderson, and C. Edward Fowler, Jr., Dallas, for appellant.

Nelson, Montgomery & Robertson, Wichita Falls, for appellees.

OPINION

LANGDON, Justice.

Jack F. Helmcamp and W. E. (Bill) Burford were co-trustees of funds held in a joint checking account at Texas Bank & Trust in Wichita Falls, Texas. Helmcamp sued the Bank for Burford's wrongful use of the joint account funds. An agreed statement of facts was filed and the Bank moved for a summary judgment. The motion for a summary judgment was overruled and judgment was rendered for plaintiff from which the Bank has appealed...

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