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MAXEY v. CITIZENS NATIONAL BANK OF LUBBOCK

No. B-3865.

507 S.W.2d 722 (1974)

Homer G. MAXEY et al., Petitioners, v. CITIZENS NATIONAL BANK OF LUBBOCK, Texas, Respondent.

Supreme Court of Texas.

March 20, 1974.

Attorney(s) appearing for the Case

Simon & Simon, Harold D. Hammett and Henry W. Simon, Jr., Fort Worth, Stayton, Maloney, Black, Hearne & Babb, John W. Stayton, Austin, for petitioners.

Shafter, Gilliland, Davis, Bunton & McCollum, W. O. Shafer, Odessa, Evans, Pharr, Trout & Jones, Charles B. Jones, Key, Carr, Evans & Fouts, Lubbock, James M. O'Leary, Odessa, for respondent.

DENTON, Justice.

This is a suit by a customer-borrower against a bank for fraud, conspiracy and conversion. In a prior trial plaintiffs were granted a judgment against the bank for actual and exemplary damages. That judgment was reversed and remanded because of the insufficiency of the evidence to support the jury verdict. Citizens National Bank of Lubbock v. Maxey, 461 S.W.2d 138 (Tex.Civ.App.1970, writ ref'd n. r. e.). Upon remand...

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