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TEXAS LIFE v. LORENA STATE BANK

No. 03-95-00145-CV.

911 S.W.2d 842 (1995)

TEXAS LIFE, ACCIDENT, HEALTH AND HOSPITAL SERVICE INSURANCE GUARANTY ASSOCIATION, Assignee of J. Robert Hunter, Permanent Receiver of Texas Consumer Life Insurance Company, Appellant, v. LORENA STATE BANK, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled January 10, 1996.

Attorney(s) appearing for the Case

Peter A. Nolan, Sheinfeld, Maley & Kay, P.C., Austin, for Appellant.

R. Kemp Kasling, Jenkens & Gilchrist, Austin, for Appellee.

Before POWERS, ABOUSSIE and KIDD, JJ.

ABOUSSIE, Justice.

J. Robert Hunter, Permanent Receiver for Texas Consumer Life Insurance Company (the "Receiver"), filed suit against appellee Lorena State Bank (the "Bank") seeking a declaratory judgment that the Receiver was the rightful owner of a certificate of deposit (the "CD") in the Bank's possession. The Bank counterclaimed, seeking a declaratory judgment that it was the rightful owner of the CD. Upon cross-motions for summary judgment, the district court...

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