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STEPH v. SCOTT

No. 87-1397.

840 F.2d 267 (1988)

Thomas G. STEPH, Individually and as guardian of Thomas Carter Steph, a minor, Plaintiff-Appellant, v. James Harris SCOTT, Curt Steib, John Alvin Hay, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 22, 1988.

Attorney(s) appearing for the Case

Robert H. Thomas, Mark M. Donheiser, Strasburger & Price, Dallas, Tex., for Interfirst Bank and Bassett.

Jack N. Little, Little, Palmer & Williams, Big Spring, Tex., for Central Nat. Bank.

David C. Bakutis, Sloan Blair, Cantey, Hanger, Gooch, Munn & Collins, Fort Worth, Tex., for Steib.

Richard W. Davis, Davis, Wardlaw, Hay & Wittenburg, Angelo, Tex., for Hay and Scott.

James S. Steph, Okmulgee, Okl., for plaintiff-appellant.

Before CLARK, Chief Judge, BRIGHT and GEE, Circuit Judges.

CLARK, Chief Judge:

The district court entered summary judgment dismissing an action by the natural guardian of a minor trust beneficiary against former and present trustees and repository banks on grounds that the suit was barred by res judicata. Finding that all claims before the district court were decided in the prior state court action and that the district court had no jurisdiction to entertain a collateral attack on...

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