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UNITED STATES v. FED. DEPOSIT INS. CORP.

No. 16940.

560 S.W.2d 119 (1977)

UNITED STATES of America, Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied December 1, 1977.

Attorney(s) appearing for the Case

Edward B. McDonough, Jr., U. S. Atty., R. Burton Ballanfant, Asst. U. S. Atty., Houston, Barbara Allen Babcock, William Kanter, Richard A. Olderman, Asst. Attys. Gen., Washington, D. C., for appellant.

Strasburger, Price, Kelton, Martin & Unis, Frank L. Skillern, Jr., Dallas, Fulbright & Jaworski, James C. Slaughter, Houston, for appellee Federal Deposit Ins. Corp., receiver of Franklin Bank.

Hofheinz & Harpold, Lew W. Harpold, Houston, for appellee creditors of the receivership and liquidation of Franklin Bank.

Kamp, Pope & Shoemake, Houston, for appellee Kenneth Evans, Independent Executor of Estate of Arthur R. Evans, Creditor of Franklin Bank, Houston, Tex.

PEDEN, Justice.

The Bureau of Indian Affairs (BIA), an agency of the United States Department of the Interior, sought a court order directing the Federal Deposit Insurance Corporation (FDIC), acting as receiver for a state bank, Franklin Bank, Houston, to pay an amount still owing on deposits, including unpaid interest, and interest on that total from the date of the bank's closing. The BIA asserted that under 31 U.S.C. § 191 its claim was entitled to priority...

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