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T & R ASSOCIATES, INC. v. CITY OF AMARILLO

No. 07-83-0217-CV.

688 S.W.2d 622 (1985)

T & R ASSOCIATES, INC. D/B/A Scarlett O'Hara's, Appellant, v. CITY OF AMARILLO, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Denied February 11, 1985.

Attorney(s) appearing for the Case

Judge & Russ, John Judge, Amarillo, for appellant.

Underwood Law Firm, C.A. Stein and Josiah M. Daniel, III, Merril E. Nunn, City Atty., Amarillo, for appellee.

Before REYNOLDS, C.J., and COUNTISS and BOYD, JJ.

BOYD, Justice.

Appellant T & R Associates, Inc. d/b/a Scarlett O'Hara's (herein T & R) brings this appeal from a summary judgment that it take nothing on its counterclaim for money damages against appellee City of Amarillo (herein City). The action originated in the form of a counterclaim by T & R in a suit filed by the City seeking to enjoin the continued operation of a lounge known as Scarlett O'Hara's. In the counterclaim, T

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