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TEXAS MUT. INS. CO. v. SURETY BANK, N.A.

No. 2-04-233-CV.

156 S.W.3d 125 (2005)

TEXAS MUTUAL INSURANCE COMPANY, Appellant, v. SURETY BANK, N.A. Individually and d/b/a Surety Premium Finance, Appellee.

Court of Appeals of Texas, Fort Worth.

January 6, 2005.

Attorney(s) appearing for the Case

Graves, Dougherty, Hearon & Moody, P.C., Peter D. Kennedy, James A. Hemphill, Texas Mutual Insurance Company, Mary B. Nicols, Austin, Brown, Dean, Wiseman, Liser, Proctor & Hart, L.L.P., Michael L. Peck, Fort Worth, for appellant.

Chappell, Hill & Lowrance, L.L.P., David Chappell, Marcus C. Marsden, Jr., Surety Bank, N.A., Talya Bernstein Galaganov, Fort Worth, for appellee.

Panel A: HOLMAN, WALKER, and McCOY, JJ.

OPINION

SUE WALKER, Justice.

I. INTRODUCTION

In this accelerated, interlocutory appeal, Appellant Texas Mutual Insurance Company ("Texas Mutual") challenges a single provision in a temporary injunction obtained by Appellee Surety Bank, N.A., individually and doing business as Surety Premium Finance ("Surety Bank"). Texas Mutual claims that the challenged temporary injunction provision constitutes a prior restraint on speech that is unconstitutional...

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