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CREEL v. BIRMINGHAM TRUST NATIONAL BANK

Civ. A. No. 73-G-287-S.

383 F.Supp. 871 (1974)

L. E. CREEL, III, as Trustee in Bankruptcy of Diversa, Inc., Bankrupt, Plaintiff, v. BIRMINGHAM TRUST NATIONAL BANK et al., Defendants.

United States District Court, N. D. Alabama, S. D.

March 20, 1974.

Attorney(s) appearing for the Case

Wilbur G. Silberman, Silberman, Silberman & Loeb, Birmingham, Ala., Vernon O. Teofan, Ungerman, Hill, Ungerman, Angrist, Dolginoff & Teofan, Dallas, Tex., for plaintiff.

Edward Friend, Jr., Sirote, Permutt, Friend & Friedman, Birmingham, Ala., for defendants.

Frank M. Young, III and James C. Wilson, Jr., Bradley, Arant, Rose & White, Birmingham, Ala., for defendant Birmingham Trust National Bank.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GUIN, District Judge.

This case comes before the court on cross motions by the plaintiff trustee in bankrupty and by the defendant bank and individual defendants J. P. and Edward W. Mudd for summary judgment pursuant to Rule 56, F.R.C.P. The case is one of first impression, raising the question whether funds deposited by a corporation in the defendant bank to secure payment of a judgment in favor of two former employees...

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