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UPPER VALLEY AVIATION v. MERCANTILE NAT. BANK

No. 05-82-00748-CV.

656 S.W.2d 952 (1983)

UPPER VALLEY AVIATION, INC., Appellant, v. MERCANTILE NATIONAL BANK, et al, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied September 12, 1983.

Attorney(s) appearing for the Case

Daniel R. Rutherford, San Antonio, for appellant.

W. Mike Baggett, Jeffrey Joyce, Winstead, McGuire, Sechrest & Minick, Dallas, for appellees.

Before STOREY, WHITHAM and ROWE, JJ.

STOREY, Justice.

Upper Valley Aviation, Inc. sued Mercantile National Bank to recover a deposit of funds which Mercantile had initially transferred from the account of Upper Valley to that of a third party, McAllen Piper, Inc., and then later offset to pay the third party's debt to Mercantile. Upper Valley appeals from a summary judgment granted Mercantile. The appeal presents two questions: (1) whether Upper Valley's suit was barred by limitation and (2) whether...

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