NCNB Texas National Bank v. Cowden

MEMORANDUM OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

BUNTON, Chief Judge.

BEFORE THIS COURT are the Cross-Motions for Summary Judgment of the parties in the above-numbered cause. The issue for determination on summary judgment is dispositive of the entire cause: Whether NCNB is the successor trustee to certain trusts for the benefit of Candice Beth Cowden and Billi Terresa Cowden by virtue of the transfer by the FDIC on July 29, 1988 of the trust department of First RepublicBank Midland to NCNB.

The Plaintiffs, FDIC, FDIC-Receiver, and NCNB Texas National Bank, filed suit on November 30,…