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MARTIN v. FIRST REP. BANK, FORT WORTH

No. 2-89-259-CV.

799 S.W.2d 482 (1990)

R. Lloyd MARTIN and Bob Sims, Jr., Appellants, v. FIRST REPUBLIC BANK, FORT WORTH, N.S. (now known as NCNB Texas National Bank), Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled December 4, 1990.

Attorney(s) appearing for the Case

Thaddeus Freeman, Jones & Associates, Arlington, for appellants.

Jennifer G. Jackson, Sally C. Helppie, Johnson & Gibbs, P.C., Dallas, for appellee.

Before JOE SPURLOCK, II, FARRIS and MEYERS, JJ.

OPINION

MEYERS, Justice.

This is an appeal by R. Lloyd Martin and Bob Sims, Jr., guarantors of two promissory notes, against whom, as defendants, summary judgment on all claims and counterclaims was rendered below. The Plaintiff bank was awarded the full amount due on the notes and the bank's judgments were severed, leaving only the cross-actions among defendants. Appellants appeal the striking of their counterclaims, the

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