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CITY OF HOUSTON v. LYONS REALTY, LTD.

No. 01-85-0288-CV.

710 S.W.2d 625 (1986)

CITY OF HOUSTON, Appellant, v. LYONS REALTY, LTD., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied May 22, 1986.

Attorney(s) appearing for the Case

Jerry E. Smith, City Atty., Houston, Paul Bibler, Jr., Senior Asst. City Atty., Margaret J. Livingston, Gilbert D. Douglas, Asst. City Attys., Houston, for appellant.

Phillip T. Bruns, Robert N. Brailas, Gibbs & Ratliff, Houston, for appellee.

Before EVANS, C.J., and WARREN and JACK SMITH, JJ.

OPINION

EVANS, Chief Justice.

Lyons Realty, Ltd. sued the City of Houston to recover on a $63,863 promissory note that Harris County Municipal Utility District (M.U.D.) No. 39 had issued to Lyons Realty before being annexed by the City of Houston. The trial court directed a verdict in favor of Lyons Realty for the amount of the note, plus interest, but denied Lyons Realty's claim for attorney's fees. Both sides appeal. We affirm.

In December 1977...

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