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NORRISTOWN-PENN TRUST CO. v. COLE

No. 7783.

80 F.2d 888 (1935)

NORRISTOWN-PENN TRUST CO. v. COLE et ux.

Circuit Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing January 23, 1936.

Attorney(s) appearing for the Case

W. M. Bates, of Dallas, Tex., and John Maxwell, of Waco, Tex., for appellant.

Brady Cole and Gaius G. Gannon, both of Houston, Tex., for appellees.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

One of that multitude of suits, claiming usury in acceleration provisions, which have been filed in Texas courts since Shropshire's and Giddens' Cases, Shropshire v. Commerce Farm Credit Co., 120 Tex. 400, 30 S.W.2d 282, 39 S.W.2d 11, 84 A.L.R. 1269, and Deming Inv. Co. v. Giddens, 120 Tex. 9, 30 S.W.2d 287, were decided, this suit was to cancel notes and deeds of trust appellees had given in 1929 in renewal of loan papers given in 1919 on...

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