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FIRST STATE BANK OF SAN DIEGO v. COUNTY OF DUVAL

No. 5831.

567 S.W.2d 271 (1978)

FIRST STATE BANK OF SAN DIEGO, Appellant, v. COUNTY OF DUVAL, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 6, 1978.

Attorney(s) appearing for the Case

Mary Joe Carroll, Conrad P. Werkenthin and E. Barham Bratton, Clark, Thomas, Winters & Shapiro, Austin, for appellant.

Gary R. Gurwitz and Charles C. Murray, Atlas, Hall, Schwarz, Mills, Gurwitz & Bland, McAllen, for appellee.

OPINION

McDONALD, Chief Justice.

This is an appeal by appellant Bank from $184,995.48 judgment for appellee Duval County in a usury case.

Appellee County sued appellant Bank for penalties under Article 5069-1.06 for usury allegedly charged appellee by appellant on loans.

Appellant denied that any interest was charged that was usurious.

Thereafter appellee filed motion for summary judgment for usurious interest charged and received...

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