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PICKETT v. REPUBLIC NAT. BANK OF DALLAS

No. B-9689.

619 S.W.2d 399 (1981)

Jimmy D. PICKETT et al., Petitioners, v. REPUBLIC NATIONAL BANK OF DALLAS, Trustee, Respondent.

Supreme Court of Texas.

Rehearing Denied June 30, 1981.

Attorney(s) appearing for the Case

Carter, Jones, Magee, Rudberg, Moss & Mayes, Lee M. Taft, Dallas, for petitioners.

Thompson & Knight, David S. Kidder and Gerald H. Grissom, Dallas, for respondent.

PER CURIAM.

Republic National Bank, trustee of the J. B. Stoddard and Claire Benz-Stoddard Trust, seeks restitution of funds mistakenly paid to the Estate of Claire Benz-Stoddard.

Republic moved for summary judgment. The Estate answered that under their fiduciary duties they had paid out all money received from Republic and should not be held accountable for Republic's mistake. Summary judgment was rendered for Republic and the Court of Civil Appeals affirmed...

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