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ELLER v. NATIONsBANK OF TEXAS, N.A.

No. 07-96-0366-CV.

975 S.W.2d 803 (1998)

Linda S. ELLER, Appellant, v. NATIONSBANK OF TEXAS, N.A., Appellee.

Court of Appeals of Texas, Amarillo.

September 1, 1998.

Attorney(s) appearing for the Case

Will G. Dickey & Associates, Will G. Dickey, Megan Gabel, Houston, for appellant.

Hirsch & Westheimer, P.C., Joseph S. Cohen, Eric Lipper, Houston, for appellee.

Before DODSON, QUINN and REAVIS, JJ.

QUINN, Justice.

Linda S. Eller (Eller) leased a safe-deposit box from NationsBank of Texas, N.A. (Nations). After discovering that approximately $18,000 and four silver dollars were allegedly missing from it, she sued the bank for breach of contract, negligence, breach of its duty of good faith and fair dealing, implied warranty of habitability, and deceptive trade practice. Nations eventually moved for summary judgment...

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