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LOOMIS LAND & CATTLE CO. v. DIVERSIFIED MTG.

No. 864.

533 S.W.2d 420 (1976)

LOOMIS LAND & CATTLE COMPANY et al., Appellants, v. DIVERSIFIED MORTGAGE INVESTORS, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied February 26, 1976.

Attorney(s) appearing for the Case

William Andress, Jr., Andress, Woodgate & Lodewick, Dallas, for appellants.

Peter A. Franklin, III, Stanley E. Neely, Locke, Purnell, Boren, Laney & Neely, Dallas, for appellee.

MOORE, Justice.

This is an appeal from a summary judgment. The litigation commenced when appellant, Loomis Land and Cattle Company (Loomis Company), filed suit in the 162nd District Court of Dallas County to enjoin the sale of a shopping center by the substitute trustee, acting under the terms of a note and a deed of trust executed by Loomis Company and Richard F. Loomis as guarantor to appellee, Diversified Mortgage Investors (Diversified). The right to have the...

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