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RAUSHECK v. EMPIRE LIFE INSURANCE CO. OF AMER.

No. 8199.

507 S.W.2d 337 (1974)

T. D. RAUSHECK et ux., Appellants, v. EMPIRE LIFE INSURANCE COMPANY OF AMERICA, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied March 26, 1974.

Attorney(s) appearing for the Case

Merritt H. Gibson, Longview, for appellants.

Ebb B. Mobley, Smead, Roberts, Harbour, Smith, Harris & French, Longview, for appellee.

CHADICK, Chief Justice.

The appellants, T. D. Rausheck and wife, Cora Maye Rausheck, state the nature of the case and their points of error in this excerpt from their brief, viz:

"This is a summary judgment proceeding. The litigation was initiated by appellants, as plaintiffs, filing suit to restrain a trustee's sale scheduled to be held the first Tuesday in May, 1969, or May 6, 1969. That sale was enjoined. Plaintiff's subsequent pleadings attacked a trustee...

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