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MBANK EL PASO NAT. ASS'N v. FEATHERLITE CORP.

No. 08-89-00318-CV.

792 S.W.2d 472 (1990)

MBANK EL PASO NATIONAL ASSOCIATION, Appellant/Cross-Appellee, v. FEATHERLITE CORPORATION, Appellee/Cross-Appellant.

Court of Appeals of Texas, El Paso.

On Rehearing May 23, 1990.

Attorney(s) appearing for the Case

Brenda J. Norton, Mark N. Osborn, Kemp, Smith, Duncan & Hammond, Claudia Dorgan Roberts, Kemp, Smith, Duncan & Hammond, El Paso, for appellant/cross-appellee.

Ronald R. Calhoun, Calhoun Morton & Villa, El Paso, for appellee/cross-appellant.

Before FULLER, WOODARD and KOEHLER, JJ.

OPINION

KOEHLER, Justice.

This appeal presents a relatively simple question on priority of lien claims to funds interpled into court. The trial court, finding that neither party had a security interest in the funds, divided them equally between the two claimants, each of which appealed from the judgment claiming entitlement to the entire amount because of a superior security interest. We reverse and render.

R.E. McKee, Inc., the general contractor...

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