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HAGLER v. CONTINENTAL NAT. BANK OF FORT WORTH

No. 8419.

549 S.W.2d 250 (1977)

C. W. HAGLER, d/b/a H & H Builders, Appellant, v. CONTINENTAL NATIONAL BANK OF FORT WORTH, et al., Appellees.

Court of Civil Appeals of Texas, Texarkana.

March 29, 1977.

Attorney(s) appearing for the Case

Tom James, Dallas, for appellant.

Sam J. Day, McDonald, Sanders, Ginsburg, Phillips, Maddox & Newkirk, Fort Worth, for appellees.

CORNELIUS, Associate Justice.

The opinion formerly issued in this cause is withdrawn and the following is substituted therefor.

Appellant, C. W. Hagler, brought suit against Appellees, Continental National Bank of Fort Worth and Frank McDowell, one of the Bank's officers, for declaratory judgment declaring that his mechanic's and materialman's lien against certain real estate was superior to a deed of trust held by the Bank, and to enjoin the Bank's foreclosure...

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