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KISH v. VAN NOTE

No. C-2860.

692 S.W.2d 463 (1985)

Joseph J. KISH and Donna M. Kish, Petitioners, v. Todd VAN NOTE d/b/a Cowboy Pools, Bank of Dallas, and American Centennial Insurance Company, Respondents.

Supreme Court of Texas.

Rehearing Denied July 17, 1985.

Attorney(s) appearing for the Case

Diamond J. Pantaze, Dallas, for petitioners.

Calhoun, Spillman & Stacy, Roy L. Stacy, Dallas, J. Harris Morgan and Richard A. Bosworth, Greenville, for respondents.

ON MOTION FOR REHEARING

GONZALEZ, Justice.

Our opinion and judgment of February 27, 1985 are withdrawn and the following is substituted. The motion for rehearing is granted.

This is an appeal in a suit for damages for violations of the Texas Consumer Credit Code and for treble damages under the Deceptive Trade Practices Act. After a jury trial, the trial court denied recovery under the Consumer Credit Code, allowed a partial recovery under the DTPA...

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