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GIBRALTER SAV. ASS'N v. MARTIN

No. 07-89-0052-CV.

784 S.W.2d 555 (1990)

GIBRALTAR SAVINGS ASSOCIATION and First City Bank of Northline, Appellants, v. J.D. MARTIN III, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Denied February 27, 1990.

Attorney(s) appearing for the Case

Liddell, Sapp, Zivley, Hill & LaBoon, James W. Paulsen, Sewell & Riggs, Geoffrey H. Bracken, Houston, for appellants.

Ronald J. Christopher, Houston, for appellee.

Before REYNOLDS, C.J., and DODSON and BOYD, JJ.

BOYD, Justice.

Appellants First Gibraltar Bank, FSB (Gibraltar), assignee of the Federal Savings & Loan Insurance Corporation (FSLIC) in its capacity as receiver for Gibraltar Savings Association, and First City Bank of Northline (First City), bring this appeal from a summary judgment in favor of appellee J.D. Martin, III (Martin). We reverse the judgment and remand for trial on the merits.

The following facts are uncontroverted. On September 7, 1979,...

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