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TICOR TITLE INS. CO. v. LACY

No. D-0434.

803 S.W.2d 265 (1991)

TICOR TITLE INSURANCE COMPANY, Petitioner, v. J.H. LACY, Trustee, Respondent.

Supreme Court of Texas.

January 30, 1991.

Attorney(s) appearing for the Case

John W. Bickel, II, Harold F. Marshall, David Mace Roberts, Dallas, for petitioner.

Kevin J. Keith, H. Dee Johnson, Jr., Dallas, for respondent.

PER CURIAM.

On motion for rehearing of petitioner's application for writ of error, we withdraw our prior judgment and opinion, and the following is substituted.

J.H. Lacy, trustee for owners of a parcel of property, sued Sullivan Investments, Inc., for alleged breach of a sales contract, as well as Ticor Title Insurance Company for alleged breach of its fiduciary duty to Lacy to issue a sight draft on a letter of credit it held as security for the transaction...

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