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BANDY v. FIRST STATE BANK, OVERTON, TEX.

No. D-0946.

835 S.W.2d 609 (1992)

Robert M. BANDY, Administrator of the Estate of Leport Walton, Deceased, Petitioner, v. FIRST STATE BANK, OVERTON, TEXAS, Respondent.

Supreme Court of Texas.

Rehearing Overruled September 9, 1992.

Attorney(s) appearing for the Case

Robert M. Bandy, pro se.

Dean W. Turner, Henderson, M. Keith Dollahite and James Hedrick, Tyler, for respondent.

OPINION ON MOTION FOR REHEARING

CORNYN, Justice.

The Petitioner's Motion for Rehearing is granted. Our opinion and judgment of April 22, 1992, are withdrawn and the following is substituted therefor:

This case requires us to decide whether a bank which is both a creditor and a debtor of a deceased person's estate has an equitable right to setoff the assets of the estate against the estate's debts without following the claim procedures found in the...

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