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RICK FURNITURE DISTRIBUTING CO. v. KIRLIN

No. 20972.

634 S.W.2d 738 (1982)

RICK FURNITURE DISTRIBUTING COMPANY, INC., Appellant, v. Michael P. KIRLIN and Marcy Kirlin, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied May 13, 1982.

Attorney(s) appearing for the Case

John A. George, Dallas, for appellant.

Carl E. Mallory, Arlington, for appellees.

Before TED Z. ROBERTSON, CARVER and ALLEN, JJ.

ALLEN, Justice.

Rick Furniture Distributing Company, Inc. (Rick Furniture) brought this action against Michael P. and Marcy Kirlin (Kirlin) to collect money due under a retail installment contract. The Kirlins filed a counterclaim alleging violations of the Texas Consumer Credit Code, Tex.Rev.Civ.Stat. Ann. art. 5069 et seq. (Vernon Supp. 1981), and sought statutory penalties under articles 5069-8.01 and 8.02. The trial court held that Rick Furniture had in fact charged...

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