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MILLER v. FIRST STATE BANK

No. 17773.

551 S.W.2d 89 (1977)

Macile MILLER, Individually and as executrix of the Estate of O. W. Miller, Appellant, v. FIRST STATE BANK, Bedford, Texas, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied May 26, 1977.

Attorney(s) appearing for the Case

Staples & Foster, Ross T. Foster, Hurst, for appellant.

Hooper, Kerry, Chappell & Broiles, R. David Broiles, Fort Worth, for appellee.

OPINION

SPURLOCK, Justice.

First State Bank's motion for rehearing is granted; we withdraw our original opinion and substitute this one in its place.

This is a usury case. O. W. Miller and Macile Miller, a husband and wife, acting through their broker, made a contract with the Bank. The contract provided the Millers sign a note for $70,000.00 due three years from date, with interest at the rate of 10% per annum. Pursuant to the contract, the Bank...

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