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BENSER v. INDEPENDENCE BANK

No. 05-86-00648-CV.

735 S.W.2d 566 (1987)

Albert BENSER, Appellant, v. INDEPENDENCE BANK, Henrietta Allee, Robert E. Myrin, Joseph E. Casperone, Jess S. Epps, Jr., and Donald E. Davis, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied August 19, 1987.

Attorney(s) appearing for the Case

Larry Feldman, Sol Ballas, Dallas, for appellant.

Robert S. Leithiser, Dallas, for appellees.

Before WHITHAM, McCLUNG and LAGARDE, JJ.

ON MOTION FOR REHEARING

WHITHAM, Justice.

We grant the motion for rehearing of appellees, Henrietta Allee, Robert E. Myrin, Joseph E. Caperone, Jess S. Epps, Jr., and Donald E. Davis (the Allee parties) and withdraw our opinion of May 20, 1987. The following is now our opinion.

In this usury case, all parties moved for summary judgment. The trial court denied appellant, Albert Benser's, motion and he appeals from a summary judgment in favor of the...

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