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BANK UNITED v. GREENWAY IMPROVEMENT ASS'N

No. 01-99-00037-CV.

6 S.W.3d 705 (1999)

BANK UNITED and Utah State Retirement Investment Fund, Appellants, v. GREENWAY IMPROVEMENT ASSOCIATION, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

November 4, 1999.

Attorney(s) appearing for the Case

Mark E. Lowes, Houston, for Appellants.

Nancy Wells Hamilton, Matthew Graham Zagrodzky, Houston, for Appellee.

Panel consists of Chief Justice SCHNEIDER and Justices TAFT and PRICE.

OPINION

MICHAEL H. SCHNEIDER, Chief Justice.

We withdraw our opinion and judgment dated October 7,1999, and issue this opinion in its stead. This is a deed restriction dispute regarding the right to erect a sign on a building. Appellants, Bank United and Utah State Retirement Investment Fund ("USRIF"), appeal an adverse ruling on cross-motions for summary judgment in favor of appellee, Greenway Improvement Association ("Greenway"). The only issue is whether...

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