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JIM WALTER HOMES, INC. v. GIBBENS

No. 16330.

608 S.W.2d 706 (1980)

JIM WALTER HOMES, INC., Appellant, v. William F. GIBBENS and Phyllis Jean Gibbens, Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied October 29, 1980.

Attorney(s) appearing for the Case

William H. Daniel, McGinnis, Lochridge & Kilgore, Austin, Morris Atlas, Gary Gurwitz, Atlas, Hall, Schwarz, Mills, Gurwitz & Bland, McAllen, for appellant.

Don Krause, Bayne, Snell & Krause, San Antonio, Hector Gonzalez, Sinton, for appellees.

OPINION

KLINGEMAN, Justice.

This is an appeal by Jim Walter Homes, Inc., from a summary judgment granted to William F. Gibbens and wife, Phyllis Jean Gibbens, awarding the Gibbens recovery for alleged violation of Chapter 6 of the Texas Consumer Credit Code, Article 5069-6.01 et seq. Appellant will sometimes be hereinafter referred to as "Jim Walter" or "defendant," and appellees as "Gibbens" or "plaintiffs."

On June 9, 1976, the Gibbens entered...

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