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GOLDRING v. TEXAS COMMERCE BANK-ARLINGTON

No. 2-82-121-CV.

651 S.W.2d 361 (1983)

P.A. GOLDRING, et ux. Joyce Goldring, Appellants, v. TEXAS COMMERCE BANK-ARLINGTON, Formerly Arlington Bank & Trust, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied May 26, 1983.

Attorney(s) appearing for the Case

Brown, Herman, Scott, Dean & Miles and Dennis M. Conrad, Fort Worth, for appellants.

Bagby, Ross, Devore & Arnn and Wm. L. Bagby, Deborah K. Hartley, Arlington, for appellee.

Before FENDER, C.J., and HUGHES and JORDAN, JJ.

OPINION

FENDER, Chief Justice.

Plaintiffs below (the Goldrings) appeal from a summary judgment rendered in favor of Texas Commerce Bank — Arlington ("the Bank"), formerly Arlington Bank & Trust, in their suit to recover statutory penalties for usury under Tex.Rev.Civ.Stat. Ann. art. 5069-1.06. They alleged that the Bank demanded and received attorneys' fees, and interest thereon, in excess of the amount specified in their note, as a condition...

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