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WILLIAMS v. McSWAIN

No. 8377.

596 S.W.2d 583 (1980)

L. D. WILLIAMS, Individually and d/b/a Midnight Rider Texaco, Appellant, v. Don McSWAIN, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied February 28, 1980.

Attorney(s) appearing for the Case

Robert L. McCallum, Dallas, for appellant.

Blair Dishman, Jr., Dallas, for appellee.

CLAYTON, Justice.

Appellee brought this action seeking damages under the Texas Deceptive Trade Practices Act, Tex.Bus. & Com.Code Ann. § 17.41, et seq. (Vernon Supp.1977). Appellant did not file an answer, and default judgment was granted awarding appellee the sum of $6,750 (treble damages), plus attorney's fees.

Appellant was served with citation on December 20, 1978; appearance day was January...

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