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BARRERA v. SECURITY BUILDING & INVESTMENT CORPORATION

No. 74-2565.

519 F.2d 1166 (1975)

Pedro and Olga A. BARRERA, Plaintiffs-Appellants, v. SECURITY BUILDING & INVESTMENT CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 25, 1975.

Attorney(s) appearing for the Case

J. L. Covington, Texas Rural Legal Aid, Inc., Edinburg, Tex., for plaintiffs-appellants.

Ann Gann, Jack Wiech, Brownsville, Tex., for defendants-appellees.

C. C. Small, Jr., Austin, Tex., for Texas Savings and Loan League, amicus curiae.

Before WISDOM, SIMPSON and RONEY, Circuit Judges.

WISDOM, Circuit Judge:

Pedro and Olga Barrera, plaintiffs-appellants, lost their house and lot to Security Building and Investment Corporation in a non-judicial foreclosure under a power of sale they had conferred on Jack D. Wiech in a deed of trust. They brought this § 19831 action to recover damages and for a declaratory judgment of the unconstitutionality of Article 3810, Tex.Rev.Civ.Stat., the Texas statute setting minimum procedural...

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