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PROVIDENT NAT. ASSUR. CO. v. STEPHENS

No. 95-0301.

910 S.W.2d 926 (1995)

PROVIDENT NATIONAL ASSURANCE COMPANY, Petitioner, v. A. Paul STEPHENS, Respondent.

Supreme Court of Texas.

Decided October 27, 1995.

Rehearing Overruled December 22, 1995.

Attorney(s) appearing for the Case

Charles C. Frederiksen, David A. Stephan, McKenna & Cuneo, Dallas, for Petitioner.

Gregory A. Whittmore, Dallas, for Respondent.

ENOCH, Justice, delivered the opinion of the Court.

Provident National Assurance Company foreclosed on separate pieces of real estate with one bid price. A.P. Stephens, a guarantor of the notes secured by those properties, defended against Provident's suit on the guaranties for the deficiency balances on the ground that the single bid precluded Provident's claims. The court of appeals affirmed the trial court's judgment for Stephens. We reverse.

A.P. Stephens...

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