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ASSET RESTRUCTURING FUND v. LIBERTY NATIONAL BANK AND RESOLUTION TRUST CORP.

No. 3-93-615-CV.

886 S.W.2d 548 (1994)

ASSET RESTRUCTURING FUND, L.P., Appellant, v. LIBERTY NATIONAL BANK AND RESOLUTION TRUST CORPORATION, as Receiver for Capital City Federal Savings Association, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled December 7, 1994.

Attorney(s) appearing for the Case

Roger Moore, Gray & Becker, Austin, J.D. Humphries, III, Varner, Stephens, Wingfield & Humphries, Atlanta, GA, for appellant.

Michael Shaunessy, Bickerstaff, Heath & Smiley, L.L.P., Austin, for Resolution Trust Corp.

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

PER CURIAM.

Appellant Asset Restructuring Fund, L.P. ("Asset Restructuring"), appeals from a summary judgment granted in favor of appellee Resolution Trust Corporation (the "RTC"). This case involves conflicting claims to funds deposited with the trial court. The court granted the RTC's motion for summary judgment, ruling, as a matter of law, that the RTC owned the funds in controversy. In two points of error, Asset Restructuring contends that the trial court erred...

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