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GUTIERREZ v. LEE

No. 3-90-208-CV.

812 S.W.2d 388 (1991)

Jorge A. GUTIERREZ, Liquidating agent for Rio Grande Savings and Loan Association, and Rio Grande Savings and Loan Association, in Liquidation, Appellants, v. Kenneth D. LEE and Norma B. Lee, Individually and as Class Representatives, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled August 14, 1991.

Attorney(s) appearing for the Case

John B. McFarland, Austin, for appellants.

William L. Morrow, Harlingen, for appellees.

Before CARROLL, C.J., and ABOUSSIE and JONES, JJ.

CARROLL, Chief Justice.

An insolvent savings and loan association and its liquidator appeal a judgment declaring that: (1) the claims of individual retirement account depositors are entitled to priority over other deposits; and (2) a federal suit tolled limitations as to the depositors' claims. We conclude that the federal suit did not toll limitations. Consequently, we reverse the trial court's judgment and remand this cause for further proceedings.

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