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MILLER-ROGASKA v. BANK ONE, TEXAS

No. 05-95-00767-CV.

931 S.W.2d 655 (1996)

MILLER-ROGASKA, INC., Appellant, v. BANK ONE, TEXAS, N.A. and Citibank Delaware, Appellees.

Court of Appeals of Texas, Dallas.

August 6, 1996.

Attorney(s) appearing for the Case

Ronald E. Holub, Law Offices of Ronald E. Holub, P.C., Dallas, for Appellant.

Brian S. Book, Cynthia Hollingsworth, Gardere & Wynne, L.L.P., Julie E. Blend, Hughes & Luce, L.L.P., Dallas, for Appellees.

Before LAGARDE, WRIGHT and WHITHAM, JJ.

OPINION

WHITHAM, Justice (Retired).

This summary judgment appeal stems from events surrounding the payment of a check. Appellant Miller-Rogaska, Inc., as payee of the check, sued appellees Bank One, Texas, N.A. and Citibank Delaware, for conversion, negligence and gross negligence, money had and received, and breach of fiduciary duty. The trial court granted the banks' motions for summary judgment on all claims. Miller appeals from the resulting take-nothing...

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