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BARTHLOW v. METCALF

No. 17542.

594 S.W.2d 143 (1979)

Larry BARTHLOW, Individually and d/b/a Larry Barthlow Auto Sales et al., Appellants, v. Jim METCALF, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied January 17, 1980.

Attorney(s) appearing for the Case

Garrett, Settle & Callaway, Thomas Mastin, Fort Worth, for appellants.

Lawrence, Thornton, Payne & Watson, C. J. Kling, Bryan, for appellee.

WALLACE, Justice.

This is an appeal from an order overruling the Plea of Privilege of Barthlow in a suit under the Deceptive Trade Practices Act, Tex.Bus. & Comm.Code Ann., Sec. 17.41, et seq. arising from the purchase by Metcalf of a used automobile. The controlling issue is whether Metcalf was a "consumer" as defined by the Act. We affirm.

Metcalf's original petition alleged that (1) he was a consumer within the meaning of the Act; (2) he purchased a...

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