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CALSTAR PROPERTIES v. CITY OF FORT WORTH

No. 2-03-182-CV.

139 S.W.3d 433 (2004)

CALSTAR PROPERTIES, L.L.C. and Calstar, L.L.C., Appellants, v. CITY OF FORT WORTH and Lasalle Bank National Association (f/k/a Lasalle National Bank, N.A.) as Trustee for the Certificateholders of Commercial Mortgage Asset Trust Commercial Mortgage Pass Through Certificates Series 1999-C1, Appellees.

Court of Appeals of Texas, Fort Worth.

June 10, 2004.

Attorney(s) appearing for the Case

Law Offices of Nolan & Nolan and Jordin S. Nolan, Houston, for Appellants.

Akin, Gump, Strauss, Hauer & Feld, L.L.P. and Joseph F. DePumpo and Megan M. O'Laughlin, Dallas, Perdue, Brackett, Flores, Utt & Burns and Elizabeth Parmer, Fort Worth, for Appellees.

PANEL B: DAUPHINOT, GARDNER, and McCOY, JJ.

OPINION

ANNE GARDNER, Justice.

Appellants are Calstar, L.L.C. ("Calstar") and Calstar Properties, L.L.C. ("Calstar Properties"). Appellees are the City of Fort Worth ("Fort Worth") and LaSalle Bank National Association ("LaSalle Bank"). Appellants appeal the trial court's granting of Fort Worth's motion for summary judgment and LaSalle Bank's motion to dismiss Calstar's third-party petition.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 1998...

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