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ECF NORTH RIDGE v. ORIX CAPITAL MARKETS

No. 05-09-00066-CV.

336 S.W.3d 400 (2011)

ECF NORTH RIDGE ASSOCIATES, L.P. and TCI 9033 Wilshire Boulevard, Inc., Appellants, v. ORIX CAPITAL MARKETS, L.L.C., U.S. Bank, N.A. a/k/a Bancorp, N.A., as Trustee For The Mortgage Pass-Through Certificates, Series 1996-C3, and Wells Fargo Bank, N.A., a/k/a Wells Fargo Bank, Minnesota, N.A., as Trustee for the Mortgage Pass-Through Certificates, Series 99-C1, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled April 19, 2011.

Attorney(s) appearing for the Case

Ryan Lurich , Friedman & Feiger, L.L.P., Jonathan J. Cunningham , Shamoun & Norman, LLP, Dallas, TX, for appellants.

P. Michael Jung , Strasburger & Price, LLP, Talmage Boston , Windstead, Secrest & Minick, P.C., Dallas, TX, for appellees.

Before Justices O'NEILL, LANG, and MURPHY.

OPINION ON REHEARING

Opinion By Justice MURPHY.

Appellee ORIX Capital Markets, L.L.C. filed a motion for rehearing, and appellant ECF North Ridge Associates, L.P. filed a response. The motion for rehearing is granted, and we withdraw our substituted opinion issued January 19, 2011 and vacate our judgment of that date. The following is now the opinion of the Court.

Borrowers ECF and TCI 9033 Wilshire Boulevard, Inc. contest the legal and factual sufficiency...

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