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PARKWAY/LAMAR PARTNERS, L.P. v. TOM THUMB STORES, INC.

No. 2-93-265-CV.

877 S.W.2d 848 (1994)

PARKWAY/LAMAR PARTNERS, L.P., Appellant, v. TOM THUMB STORES, INC., Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled July 12, 1994.

Attorney(s) appearing for the Case

Harris, Finley & Bogle, P.C., and Bill F. Bogle, Andrew D. Sims, and Russell R. Barton, Fort Worth, for appellant.

Cantey & Hanger, L.L.P., and Edward L. Kemble and Shayne D. Moses, Fort Worth, for appellee.

Before FARRIS, LATTIMORE and DAY, JJ.

OPINION

FARRIS, Justice.

Lessor, Parkway/Lamar Partners, L.P. (Parkway), sued lessee, Tom Thumb Stores, Inc. (Tom Thumb), to terminate a commercial real estate lease. Parkway moved for summary judgment on the ground that Tom Thumb and/or its guarantor, Cullum Companies, Inc. (Cullum), were in default because they were insolvent. Tom Thumb filed a counter-motion on the ground that it and Cullum were solvent, and the trial court entered judgment for Tom Thumb...

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