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CREEL v. BIRMINGHAM TRUST NAT. BANK

No. 76-4158.

577 F.2d 352 (1978)

L. E. CREEL, III, as Trustee in Bankruptcy of Diversa, Inc., Bankrupt, Plaintiff-Appellant, v. BIRMINGHAM TRUST NATIONAL BANK, J. P. Mudd, Edward W. Mudd, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 14, 1978.

Attorney(s) appearing for the Case

Holt W. Guysi, Dallas, Tex., for plaintiff-appellant.

James C. Wilson, Jr., Lawrence D. Vinson, Jr., Birmingham, Ala., for Birmingham Trust Nat. Bank.

Alfred M. Naff, David P. Whiteside, Jr., Birmingham, Ala., for defendants-appellees.

Before COLEMAN, GEE, and RUBIN, Circuit Judges.

PER CURIAM:

This case began as a controversy over whether funds deposited by a corporation in a bank to secure payment of a judgment in favor of two former employees of that corporation were trust funds for their benefit or, instead, were the property of the trustee in bankruptcy in charge of the assets of the corporation's assignee, see L. E. Creel, III v. Birmingham Trust National Bank, et al., 383 F.Supp. 871 (N.D.Ala...

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