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McKINLEY v. DROZD

No. C-3215.

685 S.W.2d 7 (1985)

Dr. Thomas R. McKINLEY, et ux., Petitioners, v. Leon DROZD d/b/a Drozd Construction Company, Respondent.

Supreme Court of Texas.

Rehearing Denied March 6, 1985.

Attorney(s) appearing for the Case

Mackey & Zahn, Ken E. Mackey, Corpus Christi, Longley & Maxwell, Joe K. Longley, Austin, for petitioners.

Oppenheimer, Rosenberg, Kelleher & Wheatley, Inc., Thomas D. Bracey, San Antonio, for respondent.

SPEARS, Justice.

The issue in this case is whether a party claiming damages under the Texas Deceptive Trade Practices Act (DTPA), Tex.Bus. & Com.Code Ann. §§ 17.41-.63 (Vernon Supp.1984), and under Tex.Rev.Civ.Stat. Ann. article 2226 (Vernon Supp.1984) must receive a net recovery in the entire lawsuit to recover attorney's fees, or whether any recovery, even though entirely offset by an opposing claim, is sufficient...

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