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EMPIRE FINANCE SERV., INC. v. WESTERN PREFERRED L. INS. CO.

No. 4968.

461 S.W.2d 489 (1970)

EMPIRE FINANCE SERVICE, INC. and Swift L. Lindley, Appellants, v. WESTERN PREFERRED LIFE INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied January 14, 1971.

Attorney(s) appearing for the Case

Gillespie & McClendon, Wm. J. Gillespie, Lubbock, for appellants.

Akin, Gump, Strauss, Hauer & Feld, Michael Lowenberg, Dallas, for appellee.

OPINION

WILSON, Justice.

The only question in this summary judgment appeal is whether plaintiff's proof is sufficient to establish as a matter of law the amount of offsets to which defendant is entitled so as to show there is no genuine issue of material fact. In our opinion the proof will not authorize summary judgment, and we reverse.

Plaintiff sued on a note and a debenture. All issues concerning these instruments, except the amount due, are undisputed...

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