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AYCOCK v. TEXAS COMMERCE BANK

Civ. A. No. H-89-3600.

133 B.R. 190 (1991)

Douglas AYCOCK, et al., Plaintiffs, v. TEXAS COMMERCE BANK, N.A., Garnishee, Citizens Bank and Trust Company of Baytown, Intervenor.

United States District Court, S.D. Texas.

June 14, 1991.

Attorney(s) appearing for the Case

John O. Brentin, Houston, Tex., for plaintiffs.

William M. Dickson, Houston, Tex., for defendant Eichelberger.

James W. Girardeau, Baytown, Tex., for defendant Hughes.

Rhett G. Campbell, Houston, Tex., for Intervenor.

OPINION ON REHEARING

HUGHES, District Judge.

The law that the plaintiffs urge to object to the special deposit character of the proceeds is applicable only to funds that have been comingled by the debtor, not to funds that may have once been unsegregated by another creditor or a third party. V.T.C.A., Bus. & C. § 9.306(d).

Eichelberger and Hughes pledged their Houston Northwest Medical Center stock to Citizens Bank and Trust. Northwest placed...

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