Walker v. Texas Commerce Bank, N.A.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

CARL O. BUE, Jr., District Judge.

Introduction

The characters in this unhappy tale form a sort of eternal triangle in bankruptcy. At one point is Plaintiff, Trustee in Bankruptcy for Minro Oil, Inc. (“Minro”), who alleges that Defendant breached an implied contract of deposit, and acted negligently in a wire transfer transaction. Defendant, Texas Commerce Bank-Austin, N.A. (“T.C. B.”), appears at the second point, as the “deep pocket” from which the creditors of Minro hope to recover. Independent Trading Corporation (“I.T.C.”), the recipient of a windfall…