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REDMAN INDUSTRIES, INC. v. COUCH

No. B2533.

613 S.W.2d 787 (1981)

REDMAN INDUSTRIES, INC., Appellant, v. O. Dean COUCH, Jr., Indv. & Dba Couch Mortgage Company et al., Appellees.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied March 25, 1981.

Attorney(s) appearing for the Case

A. L. Vickers, Ungerman, Hill, Ungerman, Angriest, Dolinoff, Teofan & Vickers, Dallas, for appellant.

Joe H. Reynolds, Reynolds, Allen & Cook, Houston, Charles B. Harris, Harris, Finley & Creel, Fort Worth, Robert H. Fisher, Carl, Lee & Fisher, Sugarland, John W. Clark, Jr., Turner, Hitchens, McInerney, Webb & Harnett, Dallas, for appellees.

Before COULSON, MILLER and MURPHY, JJ.

MILLER, Justice.

This is an appeal from a summary judgment in favor of appellees O. Dean Couch, Jr., Individually and d/b/a Couch Mortgage Company and Associated Properties, Inc. ("Couch" and "Associated"). Redman Industries, Inc. ("Redman") brought suit against Couch and Associated alleging a violation of the Texas usury law, and alternatively asserted a cause of action which Redman states sounds in contract and breach of implied fiduciary duty, but which Couch and...

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