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SOUTH EASTERN XPRESS, INC. v. BANK OF CROWLEY

No. 18365.

612 S.W.2d 85 (1981)

SOUTH EASTERN XPRESS, INC., Appellant, v. The BANK OF CROWLEY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied March 5, 1981.

Attorney(s) appearing for the Case

Brown, Herman, Scott, Dean & Miles, and Richard W. Wiseman and R. David Broiles, Fort Worth, for appellant.

Shannon, Gracey, Ratliff & Miller and Richard G. Williams, Daniel L. Lowry, Bill E. Bowers and David E. Keltner, Fort Worth, for appellee.

OPINION

HUGHES, Justice.

South Eastern Xpress, Inc., (SEX) has appealed the judgment notwithstanding the verdict granted The Bank of Crowley (Bank) as to the suit by SEX against Bank for usury penalties on a series of notes. These notes represented loans from Bank to Paul A. Johnson. The jury had answered the 600 plus special issues in favor of SEX. SEX had sued to recover the penalties in its own right as well as by an assignment from Johnson.

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