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J.M. MUNIZ, INC. v. MERCANTILE TEXAS CREDIT CORP.

No. 87-1082.

833 F.2d 541 (1987)

J.M. MUNIZ, INC., A Texas Corp., Jose M. Muniz, Individually, Garciela Muniz, Individually and Best Textiles, Inc., a Texas Corp., Plaintiffs-Appellants, v. MERCANTILE TEXAS CREDIT CORP., A Texas Corp., Mercantile National Bank, A National Association, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 8, 1988.

Attorney(s) appearing for the Case

Philip R. Russ, Amarillo, Tex., for plaintiffs-appellants.

Allen W. Kimbrough, Courtney L. Bass, Diana T. Fulper, Dallas, Tex., for defendants-appellees.

Before GOLDBERG, JOHNSON and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Mercantile Texas Credit Corp. (now MCredit or MBank), sued appellants in a Texas state court for loan repayments, and appellants raised usury counterclaims. The Texas court held in favor of MCredit on the debt claims, and for appellants on two of their counterclaims. While the state suit was pending, appellants sued appellees in federal district court for RICO and National Bank Act violations based upon the same facts as the usury...

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