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METROPOLITAN SAV. AND LOAN ASS'N v. TARTER

No. 05-86-00006-CV.

730 S.W.2d 1 (1987)

METROPOLITAN SAVINGS AND LOAN ASSOCIATION, Appellant, v. Jack D. TARTER and Margaret Tarter, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied May 4, 1987.

Attorney(s) appearing for the Case

Thomas L. Case, Dallas, for appellant.

Kenneth L. King, Bruce W. Claycombe, Dallas, for appellees.

Before GUITTARD, C.J., and HOWELL and SCALES, JJ.

GUITTARD, Chief Justice.

Jack and Margaret Tarter sued Metropolitan Savings and Loan Association for wrongful foreclosure, breach of contract, and deceptive trade practices based on a trustee's sale of their home. After a trial and verdict favorable to the Tarters, the trial court rendered judgment awarding them treble damages. On this appeal Metropolitan contends that all of the Tarters' claims are barred by collateral estoppel because

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