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TEXAS DEPT. OF BANKING v. MOUNT OLIVET

No. 03-99-00359-CV.

27 S.W.3d 276 (2000)

TEXAS DEPARTMENT OF BANKING; Randall S. James, Banking Commissioner; and Carole Keeton Rylander, Texas Comptroller of Public Accounts, Appellants, v. MOUNT OLIVET CEMETERY ASSOCIATION, Appellee.

Court of Appeals of Texas, Austin.

August 31, 2000.

Attorney(s) appearing for the Case

Maureen Powers, Asst. Atty., Gen., Austin, for Appellants.

Robert J. Hearon, Jr., Graves, Dougherty, Hearon & Moody, P.C., Austin, for Appellee.

Before Chief Justice ABOUSSIE, Justices B.A. SMITH and YEAKEL.

LEE YEAKEL, Justice.

This appeal arises from a dispute between appellee Mount Olivet Cemetery Association ("Mount Olivet") and appellants the Banking Commissioner (the "Commissioner"), the Texas Department of Banking (the "Department"), and the Comptroller of Public Accounts (the "Comptroller")2 as to whether certain funds from prepaid funeral contracts escheat to the State by virtue of the abandoned-property laws.3<...

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