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REPUBLICBANK DALLAS, N.A. v. INTERKAL, INC.

No. C-3596.

691 S.W.2d 605 (1985)

REPUBLICBANK DALLAS, N.A., Petitioner, v. INTERKAL, INC., Respondent.

Supreme Court of Texas.

June 19, 1985.

Attorney(s) appearing for the Case

Vial, Hamilton, Koch & Knox, Bruce W. Bowman, Jr., Dallas, for petitioner.

Haynes & Boone, Nina Cortell, Dallas, for respondent.

KILGARLIN, Justice.

The question presented is who has a superior right to funds held by a contractor? Is it his materialman, Interkal, or his creditor, RepublicBank? The trial court concluded that it was the materialman, and granted Interkal a summary judgment for $41,976.30. The court of appeals, with one justice dissenting, affirmed that judgment. 677 S.W.2d 759. We reverse the judgments of the courts below and remand the cause...

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