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FIRST GIBRALTAR MORTG. v. GIBRALTAR SAV. ASS'N

No. 05-83-00329-CV.

658 S.W.2d 709 (1983)

FIRST GIBRALTAR MORTGAGE CORPORATION, Appellant, v. GIBRALTAR SAVINGS ASSOCIATION, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied October 3, 1983.

Attorney(s) appearing for the Case

Phillip Gilbert, Michael L. Riddle, Riddle & Brown, Dallas, for appellant.

John W. Berkel, Virginia Belval, Simms, Harpole & Berkel, Houston, for appellee.

Before STOREY, WHITHAM and ROWE, JJ.

ROWE, Justice.

This is a venue case. First Gibraltar Mortgage Corporation brought suit in Dallas County against Gibraltar Savings Association under Tex.Rev.Civ.Stat.Ann. art. 2524-1 (Vernon 1965), the Declaratory Judgment Act, seeking a declaration that "Plaintiff possesses an equal or superior right to Defendant to the use of the word `Gibraltar' in its corporate name." The trial court sustained Gibraltar Savings' plea of privilege to be sued in Harris County, where...

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