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MED CENTER BANK v. FLEETWOOD

No. 3-91-584-CV.

854 S.W.2d 278 (1993)

MED CENTER BANK, Appellant, v. M.D. FLEETWOOD, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 30, 1993.

Attorney(s) appearing for the Case

Shannon H. Ratliff, McGinnis, Lochridge & Kilgore, L.L.P., Austin, for appellant.

Robert M. Roller, Graves, Dougherty, Hearon & Moody, Austin, for appellee.

Before CARROLL, C.J., and ABOUSSIE and JONES, JJ.

CARROLL, Chief Justice.

This is a subrogation case before this Court on its second appeal. M.D. Fleetwood sued Med Center Bank ("Med Center") seeking a declaratory judgment that Fleetwood's leasehold in certain real property was superior to Med Center's interest, obtained by purchase at foreclosure sale, in that same property. Med Center counterclaimed seeking a judgment declaring that its interest was superior. Med Center successfully moved for a summary judgment...

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