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WESTBROOK CONST. CO. INC. v. FIDELITY NAT. BANK OF DALLAS

No. 02-89-162-CV.

813 S.W.2d 752 (1991)

WESTBROOK CONSTRUCTION COMPANY, INC.; Tel-Power Construction Company; Vermeer Equipment of Texas, Inc.; Billy Teel; Tesmec, USA, Inc.; Walker Road Boring, Inc.; Cable Specialists, Inc.; and West Texas Equipment Company, Inc., Appellants, v. FIDELITY NATIONAL BANK OF DALLAS, as Assignee of Federal Deposit Insurance Corporation, as Receiver For First State Bank of Texas, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled August 29, 1991.

Attorney(s) appearing for the Case

William Murphy, Murphy, Shrull, Moore & Bell, Fort Worth, Kenneth G. Leggett, Glandon, Erwin, Scarborough, Baker & Gravley, Abilene, for appellants.

Kelly Duggan, Thomas G. Van Amburgh, Hunter, Van Amburgh & Wolf, Dallas, for appellees.

Before WEAVER, C.J., and FARRIS and DAY, JJ.

OPINION

WEAVER, Chief Justice.

This is an appeal from a summary judgment. The case involved a dispute of various claimants to funds which were interplead and paid into the registry of the court by Southwestern Bell Telephone Company (Bell). The funds represented the balance owing by Bell under a construction contract (the Bell Contract), which it entered into on July 10, 1987, with Vernon Nelson, d/b/a Red Baron Ditchin, the general contractor.

The...

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