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MOORE v. WHITE MOTOR CREDIT CORP.

No. 05-84-00032-CV.

708 S.W.2d 465 (1985)

James T. MOORE d/b/a M & C Trucking and Caravan Motor Cargo, Inc., Appellants, v. The WHITE MOTOR CREDIT CORP., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied April 21, 1986.

Attorney(s) appearing for the Case

Richard E. Young, Daniel J. Sheehan, Jr., Tuttle, Sheehan, Young & Smith, Dallas, for appellants.

Rod Phelan, David C. Godbey, Hughes & Hill, Dallas, for appellee.

Before AKIN, CARVER and ELLIS, JJ.

ELLIS, Chief Justice (Retired).

The White Motor Credit Corp. filed suit on June 14, 1983, against James T. Moore, doing business as M & C Trucking and Caravan Motor Cargo, Inc. under three retail installment contracts and a guaranty. Moore and Caravan filed a counterclaim against White asserting the affirmative defense of usury and seeking penalties under TEX.REV.CIV.STAT.ANN. art. 5069-8.01 and art. 5069-8.02 (Vernon 1983).2 After...

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