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FIRST NAT. BANK OF PLANO v. STATE

No. 19260.

555 S.W.2d 200 (1977)

FIRST NATIONAL BANK OF PLANO, Texas, Appellant, v. The STATE of Texas and National Whirlpool Bath, Inc., et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

August 12, 1977.

Attorney(s) appearing for the Case

Bill Boyd, John R. Stooksberry, Boyd, Veigel & Gay, Inc., McKinney, for appellant.

Bill Flanary, Asst. Atty. Gen., Austin, Philip Palmer, Jr., Dallas, for appellees.

GUITTARD, Chief Justice.

In this receivership proceeding initiated by the State, the bank appeals from the trial court's refusal to set aside an ex parte order requiring it to turn over to the receiver certain funds deposited in several accounts in the names of the defendants. We hold that the court erred in issuing such an order without notice and hearing.

The suit was filed by the attorney general on behalf of the State against National Whirlpool Bath, Inc...

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