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McCREARY v. BAY AREA BANK & TRUST

No. 14-00-00156-CV.

68 S.W.3d 727 (2001)

Richard McCREARY and Randy Siebert, on Behalf of Themselves and Others Similarly Situated, Appellants, v. BAY AREA BANK & TRUST, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

July 26, 2001.

Attorney(s) appearing for the Case

Daniel J. Petorski, Fleming Hovenkamp & Grayson, P.C., Houston, for appellants.

John McEldowney, Greer, Herz & Adams, L.L.P., Galveston, Charles Eugene Baumann, Locke, Liddell & Sapp, LLP, Houston, Frederick J. Bradford, McLeod, Alexander, Powel & Apffel, P.C., Galveston, Ronald D. Krist, Krist Law Firm, P.C., Herbert T. Schwartz, Williams Bailey Law Firm, L.L.P., Mallory Wade Turner, Houston, for appellee.

Panel consists of Justices ANDERSON, HUDSON, and SEYMORE.

OPINION

HUDSON, Justice.

Appellants are customers of Bay Area Bank & Trust (now operating as Horizon Capital Bank). When the bank allegedly breached its deposit agreement with appellants, a class action suit was brought against the bank under a variety of contract and tort claims. Because the only contested issue is the interpretation of the deposit agreement, the bank sought summary judgment. The trial court granted the bank's motion for summary judgment...

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