POWERS, Justice.
On motion for summary judgment, the State of Texas recovered judgment on a performance bond, in the face amount of the bond, given by Alpha Oil and Gas, Inc. (Alpha) as principal and United Pacific Insurance Company (United) as surety. The summary judgment was later incorporated in a final judgment awarding other relief between the parties, from which Alpha and United appeal. The summary judgment is erroneous and, accordingly, we will reverse the...
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