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FIRST STATE BANK OF FRANKSTON v. HUGHES

No. 12-81-0217-CV.

654 S.W.2d 31 (1983)

FIRST STATE BANK OF FRANKSTON, Appellant, v. Allen Ray HUGHES, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Denied June 30, 1983.

Attorney(s) appearing for the Case

Gordon F. Thrall, Norman, Spiers, Thrall, Angle & Rountree, Jacksonville, for appellant.

Billy H. Gragg, Palestine, for appellee.

COLLEY, Justice.

This is an appeal from a summary judgment rendered in favor of appellee, Allen Ray Hughes (hereafter "Hughes"), against appellant, First State Bank of Frankston, Texas (hereafter "Bank").

Hughes' motion for summary judgment was based solely on the pleadings and the admissions of Bank made in response to Hughes' request for admissions. We reverse the judgment and remand the case.

The summary judgment evidence included the oral deposition...

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