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FOULSTON SIEFKIN LLP v. WELLS FARGO BANK OF TEXAS

No. 05-10468.

465 F.3d 211 (2006)

FOULSTON SIEFKIN LLP, formerly known as Foulston & Siefkin LLP; Harvey R. Sorenson, Plaintiffs-Appellees-Cross Appellants, v. WELLS FARGO BANK OF TEXAS N.A., Trustee of the Eleanor Pierce Stevens Irrevocable Gift Trust, Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

September 18, 2006.

Attorney(s) appearing for the Case

Ernest E. Figari, Jr. (argued), Dennis M. Lynch, Figari, Davenport & Graves, Dallas, TX, Michael J. Norton, Timothy B. Mustaine, Foulston Siefkin, Wichita, KS, for Plaintiffs-Appellees-Cross-Appellants.

James A. Fisher (argued), T. Wesley Holmes, Dallas, TX, for Wells Fargo Bank.

Before SMITH, BARKSDALE and DENNIS, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Wells Fargo Bank of Texas N.A., trustee of the Eleanor Pierce Stevens Trust, appeals the summary judgment awarding Harvey R. Sorenson reimbursement for fees and expenses he claims he incurred, but admits he did not pay, as a defendant in state-court litigation regarding his serving as trustee for the Trust. Sorenson and his law firm, Foulston Siefkin LLP (Siefkin), cross-appeal the amount awarded.

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