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MERCANTILE BANK & TRUST v. CUNOV

No. 04-87-00238-CV.

749 S.W.2d 545 (1988)

MERCANTILE BANK & TRUST, Appellant, v. Eileen CUNOV, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied April 27, 1988.

Attorney(s) appearing for the Case

Howard Newton, Judith R. Blakeway, Matthews & Branscomb, San Antonio, Joe R. Greenhill, John R. Briehan, Baker & Botts, Austin, for appellant.

Louis LeLaurin, III, Marita Emmett, LeLaurin & Adams, San Antonio, for appellee.

Before CADENA, C.J., and ESQUIVEL and DIAL, JJ.

OPINION

DIAL, Justice.

This is an appeal of an action based upon the wrongful purchase of corporate stock at a private foreclosure sale by defendant Mercantile Bank & Trust. The stock was owned by plaintiff Eileen Cunov and held as collateral under a security agreement. The stock was neither customarily sold in a recognized market nor the subject of widely distributed standard price quotations. The jury verdict and trial court judgment awarded the plaintiff...

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