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CORPUS CHRISTI BANK AND TRUST v. SMITH

No. 860.

512 S.W.2d 761 (1974)

CORPUS CHRISTI BANK AND TRUST, Appellant, v. Chester SMITH et al., Appellees.

Court of Civil Appeals of Texas, Corpus Christi.

June 20, 1974.

Attorney(s) appearing for the Case

Mark W. Owen, Wood, Boykin & Wolter, Corpus Christi, for appellant.

James P. Ryan, Wood, Burney, Nesbitt & Ryan, Kenneth G. Botary, Harold Alberts, Finley L. Edmonds, William R. Anderson, Jr., Sorrell, Anderson & Sorrell, Milton W. Walton, Corpus Christi, for appellees.

OPINION

BISSETT, Justice.

This is an interpleader action which involves the superiority of rights to funds retained by the City of Corpus Christi in connection with a public works contract. In issue are the rights asserted by subcontractors and materialmen against the rights asserted by the general contractor's assignee bank. The amount of the funds retained was less than the money owed to the bank and was also less than the total claims of the subcontractors...

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