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  5. 662 S.W.2d 330 (1983)
 

OGDEN v. DICKINSON STATE BANK

No. C-870.

662 S.W.2d 330 (1983)

John Wallace OGDEN et ux, Petitioners/Cross-Respondents, v. DICKINSON STATE BANK, Respondent/Cross-Petitioner.

Supreme Court of Texas.

Rehearing Denied January 18, 1984.

Attorney(s) appearing for the Case

McConnico, Gregg & Jones, Dalton L. Jones and Dick H. Gregg, Jr., Houston, for petitioners/cross-respondents.

Krist, Gunn, Weller, Neumann & Morrison, William G. Neumann, Jr., Houston, for respondent/cross-petitioner.

ON MOTION FOR REHEARING

CAMPBELL, Justice.

The Motion for Rehearing by Dickinson State Bank is granted. The Opinion of the Court delivered January 26, 1983 is withdrawn and the following is substituted.

This is a suit by John Wallace Ogden and wife to enjoin the foreclosure of real property by Dickinson State Bank under a power of sale in a builder's and mechanic's lien contract. The Bank counterclaimed for recovery on the Ogdens' promissory note...

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