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WHITAKER v. BANK OF EL PASO

No. 08-92-00286-CV.

850 S.W.2d 757 (1993)

J.H. WHITAKER, Appellant, v. The BANK OF EL PASO, a/k/a Cielo Vista Bank, et al., Appellees.

Court of Appeals of Texas, El Paso.

March 17, 1993.

Attorney(s) appearing for the Case

Dick Stengel, El Paso, for appellant.

Ken Slavin, Brower & Slavin, El Paso, for appellees.

Before KOEHLER, BARAJAS and LARSEN, JJ.

OPINION

LARSEN, Justice.

This is an appeal from a summary judgment in a conversion case. We find that defendants have established as a matter of law that plaintiff cannot prevail on an essential element of his claim of conversion. We also find that the trial court did not abuse its discretion in refusing to award defendants sanctions under Tex.R.Civ.P. 13, and overrule plaintiff's cross-point on appeal. We affirm the judgment of the trial court.

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