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MOODY NAT. BANK v. TEXAS CITY DEVELOPMENT

No. 01-00-00052-CV.

46 S.W.3d 373 (2001)

MOODY NATIONAL BANK, Appellant, v. TEXAS CITY DEVELOPMENT LTD., CO., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

April 12, 2001.

Attorney(s) appearing for the Case

Michael G. Adams, Michael David Leblanc, Steven Carl Windsor, Andrew J. Mytelka, Kenneth J. Bower, Galveston, for Appellant.

Russell G. Burwell, Texas City, Daryl L. Moore, JoAnn Storey, Houston, for Appellee.

Panel consists of Justices COHEN, JENNINGS, and DUGGAN.

OPINION

JENNINGS, Justice.

Appellant, Moody National Bank, challenges a damages award based on the jury's finding that the bank was negligent when it erroneously informed the parties it had not received a wire transfer of funds. We are asked to determine whether this funds transfer gone awry fell within the scope of Article 4A of the Texas Business and Commerce Code,1 thus preempting a common law negligence claim. We conclude...

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