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AUSTIN HARDWOODS, INC. v. VANDEN BERGHE

No. 08-94-00086-CV.

917 S.W.2d 320 (1995)

AUSTIN HARDWOODS, INC., Appellant, v. James M. VANDEN BERGHE, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled January 24, 1996.

Attorney(s) appearing for the Case

Edward Dunbar, Dunbar & Barill, El Paso, for Appellant.

Charles Scruggs, Scruggs & Peterson, El Paso, for Appellee.

Before BARAJAS, C.J., and LARSEN and CHEW, JJ.

OPINION

CHEW, Justice.

The opinion dated August 24, 1995, is hereby withdrawn and the following is the opinion of this Court.

This is a suit upon an individual guaranty where the principal obligor, a corporation, filed for and received Chapter 11 protection in bankruptcy. Appellant, Austin Hardwoods, Inc. ("Austin") sued Appellee, James M. Vanden Berghe ("Vanden Berghe") as the guarantor of an open account of Frame Industries Suppliers, Inc...

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