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CAPROCK INV. CORP. v. MONTGOMERY

No. 11-08-00138-CV.

321 S.W.3d 91 (2010)

CAPROCK INVESTMENT CORP., Appellant, v. Elton MONTGOMERY, Appellee.

Court of Appeals of Texas, Eastland.

Opinion Denying Rehearing July 8, 2010.

Attorney(s) appearing for the Case

D. Patrick Long , Jennifer Keefe , Robert A. Hawkins , Patton Boggs, L.L.P., Dallas, for appellant.

Craig T. Enoch , Melissa Prentice Lorber , Winstead PC, Austin, Andrew D. Sims , Russell R. Barton , Harris, Finley & Bogle, P.C., Fort Worth, for appellee.

Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.

OPINION

JIM R. WRIGHT, Chief Justice.

This case involves a promissory note signed by Elton Montgomery and others no longer involved in the suit. The original petition in this case was filed in 1989, and this is the fourth appeal.1 The note is owned by Caprock Investment Corp. In its sixth amended petition, Caprock alleged both fraud and breach of contract causes of action against Montgomery. Both parties moved for summary judgment...

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