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  5. 753 S.W.2d 181 (1987)
 

KERR CONST. CO. v. PLAINS NAT. BANK OF LUBBOCK

No. 07-86-0205-CV.

753 S.W.2d 181 (1987)

KERR CONSTRUCTION COMPANY and the City of Lubbock, Appellants, v. The PLAINS NATIONAL BANK OF LUBBOCK, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Denied December 21, 1987.

Attorney(s) appearing for the Case

John C. Ross, Jr., Lubbock City Atty., James P. Brewster, J. Worth Fullingim, Ass't City Attys., Lubbock, Tex., for City of Lubbock.

Donald M. Hunt, Carr, Evans, Fouts & Hunt, Lubbock, Tex., for Kerr Const.

Kelly Bickerstaff, McCleskey, Harriger, Brazill & Graf, Lubbock, Tex., for appellee.

Before REYNOLDS, C.J., and DODSON and BOYD, JJ.

DODSON, Justice.

Kerr Construction Company and the City of Lubbock appeal from the trial court summary judgment on Kerr and the City's action to recover on a letter of credit issued by the Plains National Bank of Lubbock. By their first point of error, Kerr and the City claim the trial court erred by granting the Bank's motion for summary judgment and by denying their motion for summary judgment. We agree, reverse the trial court's judgment, render judgment for Kerr...

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