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YANDELL v. TARRANT STATE BANK

No. 17735.

538 S.W.2d 684 (1976)

Olen W. YANDELL, Appellant, v. TARRANT STATE BANK, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied July 23, 1976.

Attorney(s) appearing for the Case

Garrett, Settle & Callaway and Peveril O. Settle, Jr., Fort Worth, for appellant.

Hudson, Keltner, Smith, Cunningham & Payne and Don C. Plattsmier, Fort Worth, for appellee.

OPINION

BREWSTER, Justice.

The Tarrant State Bank, appellee, filed this suit against Olen W. Yandell, appellant, as guarantor of a note made by Circle Y Farms, Inc., payable to the order of appellee, and did not join the maker of the note as a party defendant in the case.

The appellant filed a plea in abatement alleging that the maker of the note was a necessary party in view of Rule 31, T.R. C.P., and asked that the case either be dismissed or abated...

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