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COMMUNITY INVESTERS IX, LTD. v. PHILLIPS PLASTERING CO.

No. A2242.

593 S.W.2d 418 (1980)

COMMUNITY INVESTERS IX, LTD., Appellant, v. PHILLIPS PLASTERING COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Houston (14th Dist.).

January 16, 1980.

Attorney(s) appearing for the Case

Charles E. Fitch, Lawrence Russo, III, De Lange, Hudspeth, Pitman & Katz, Houston, for appellant.

Robert E. Price, Lockett, Embry & Cantey, Houston, Joe Resweber, County Atty., Billy E. Lee, Asst. County Atty., Houston, for appellees.

Before BROWN, C. J., and MILLER and PRESSLER, JJ.

MILLER, Justice.

Community Investors IX, Ltd., plaintiff below, appeals from a judgment which denied it an order permanently enjoining Phillips Plastering Company from foreclosing a judgment lien against the Rice Hotel in downtown Houston. We reverse and render.

The order of events is as follows:

1/20/76—Rice University, the fee owner of the Rice Hotel property, leased the land on which the hotel stands and by separate instrument conveyed all...

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