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WELLS FARGO BANK v. CITIZENS BANK OF TEXAS

No. 10-04-00268-CV.

181 S.W.3d 790 (2005)

WELLS FARGO BANK, N.A., Appellant/Cross-Appellee, v. CITIZENS BANK OF TEXAS, N.A., Appellee/Cross-Appellant.

Court of Appeals of Texas, Waco.

November 23, 2005.

Attorney(s) appearing for the Case

Craig T. Enoch, Winstead Sechrest & Minick, Austin, for Appellant/Cross-Appellee.

Renee F. McElhaney & William F. Hulse IV, Cox Smith & Matthews Inc., San Antonio, for Appellee/Cross-Appellant.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

FELIPE REYNA, Justice.

Citizens Bank of Texas, N.A. filed suit against Pate & Pate Enterprises, Inc. and other related entities after the defendants engaged in a check kiting scheme involving accounts with Citizens Bank, Wells Fargo Bank Texas, N.A., and Wells Fargo Bank Ohio, N.A., resulting in overdrafts at Citizens Bank totaling $8,150,000. Citizens Bank amended its petition to name the Wells Fargo banks as defendants. Citizens Bank settled...

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