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FETTER v. WELLS FARGO BANK TEXAS, N.A.

No. 14-02-00480-CV.

110 S.W.3d 683 (2003)

Tom W. FETTER on Behalf of himself and all other similarly situated individuals in Texas, Appellant, v. WELLS FARGO BANK TEXAS, N.A., f/k/a Norwest Bank Texas, N.A., and Wells Fargo Services, Inc., f/k/a Norwest Services, Inc., Appellees.

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

July 10, 2003.

Attorney(s) appearing for the Case

Mike Johanson, Christopher Michael Volf, Sugar Land, Richard L. Tate, Michael E. Orsak, Richmond, and Benjamin Ray Bingham, San Antonio, for appellants.

J. Michael Lytle, Richmond, James Keith Russell, and Jeff Joyce, Houston, for appellees.

Panel consists of Justices JOHN S. ANDERSON, FOWLER, and SEYMORE.

MAJORITY OPINION

JOHN S. ANDERSON, Justice.

Appellant Tom W. Fetter sued appellees Wells Fargo Bank Texas, N.A., f/k/a Norwest Bank Texas, N.A., and Wells Fargo Services, Inc., f/k/a Norwest Services, Inc., for breach of contract and breach of the Uniform Commercial Code's duty of good faith. See Tex. Bus. & Com.Code Ann. § 1.203 (Vernon 1994).1 The lawsuit, in which Fetter sought only a declaratory

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