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CITIZENS STATE BANK v. STEWART

No. 15705.

546 S.W.2d 133 (1977)

CITIZENS STATE BANK, Appellant, v. Robert E. STEWART, Commissioner of Banking, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied February 9, 1977.

Attorney(s) appearing for the Case

Arthur Mitchell, Mitchell, George & Belt, Austin, for appellant.

John L. Hill, Atty. Gen. of Tex., Thomas M. Pollan, David W. Pace, Asst. Attys. Gen., Austin, for appellee.

BARROW, Chief Judge.

Appellant, a state bank located in Carrizo Springs, has appealed from the denial of its petition for a temporary injunction to enjoin appellee from closing the bank and liquidating its assets pursuant to the authority of Art. 342-803.1 Appellant sought to prevent liquidation of the assets before final determination of whether the bank is in fact insolvent.

We must consider at the outset the Commissioner's motion...

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