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CITIZENS FIRST NAT. BANK ETC. v. CINCO EXPLOR. CO.

No. B-5738.

540 S.W.2d 292 (1976)

CITIZENS FIRST NATIONAL BANK OF TYLER, Petitioner, v. CINCO EXPLORATION COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied September 29, 1976.

Attorney(s) appearing for the Case

Ramey, Flock, Hutchins, Garinger & Jeffus, Mike Hatchell, Tyler, for petitioner.

Prappas, Caldwell & Moncure, Brantly Harris and Tommy D. Solomon, Houston, for respondent.

McGEE, Justice.

Cinco Exploration Company brought this suit against Citizens First National Bank of Tyler for the sum of $30,000 which Citizens Bank allegedly wrongfully disbursed contrary to Cinco's written instructions. Both Cinco and Citizens filed motions for summary judgment. The trial court granted Citizens' motion and rendered judgment that Cinco take nothing. The court of civil appeals reversed and remanded the case for a trial on the merits.

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