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CAPPAERT v. BIERMAN

No. 48856.

339 So.2d 1355 (1976)

F.L. CAPPAERT v. Bernie B. BIERMAN and Geneva Ingram.

Supreme Court of Mississippi.

Rehearing Denied November 30, 1976.

Attorney(s) appearing for the Case

Case, Montgomery & Smith-Vaniz, Canton, for appellant.

Henry, Barbour & DeCell, William H. Barbour, Jr., Yazoo City, Teller, Biedenharn & Rogers, Vicksburg, for appellees.

Before GILLESPIE, C.J., and ROBERTSON and LEE, JJ.

GILLESPIE, Chief Justice, for the Court:

Suit was filed in the Circuit Court of Warren County by F.L. Cappaert against Bernie B. Bierman on a note for $22,084. Bierman defended and counterclaimed, on the ground that the note sued on was a part of a usurious transaction. Trial without jury resulted in a judgment for Bierman on the note and awarding Bierman a judgment for $140,723.32 as usurious interest. Cappaert appealed.

In accordance with the established...

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