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TEXAS LAND & MORTG. CO. v. MULLICAN

No. 10344.

132 F.2d 241 (1942)

TEXAS LAND & MORTG. CO., Limited, v. MULLICAN.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 11, 1943.

Attorney(s) appearing for the Case

Charles L. Black, of Austin, Tex, and E. L. Klett, of Lubbock, Tex., for appellant.

W. W. Campbell, of Lubbock, Tex., for appellee.

Before HOLMES and McCORD, Circuit Judges, and DAWKINS, District Judge.

McCORD, Circuit Judge.

On the former appeal we held that the question of usury and the determination of the balance due by the debtor on the loan should have been determined by the court after a hearing. Mullican v. Texas Land & Mortgage Co., 5 Cir., 117 F.2d 576; Id., 5 Cir., 118 F.2d 560. After the mandate went down, the referee heard the evidence and...

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