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SUNBELT SERVICE CORP. v. VANDENBURG

No. 08-89-00011-CV.

774 S.W.2d 815 (1989)

SUNBELT SERVICE CORPORATION, Appellant, v. Wayne A. VANDENBURG and Katherine L. Vandenburg, Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Denied August 30, 1989.

Attorney(s) appearing for the Case

W. Alan Wright, Haynes & Boone, Dallas, for appellant.

L. Randall Lee, Richard, Lee, Rowley, Cobb & Hall, El Paso, Paul E. Coggins, Davis Meadows O C & Z, Dallas, for appellees.

Before OSBORN, C.J., and FULLER and WOODARD, JJ.

OPINION

WOODARD, Justice.

This is an appeal from a summary judgment granted in favor of the Appellees on their counterclaim for usuary. We reverse.

In 1983, Mr. Vandenburg was involved in the acquisition of apartment complexes in El Paso. He owned one hundred percent of the stock in Wayne A. Vandenburg Enterprises, Inc. This corporation and Mr. Vandenburg, as the two general partners, formed a limited partnership under the name of Excelsior II. Excelsior...

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