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CITY OF AMARILLO v. RAY BERNEY ENT., INC.

No. 07-87-0231-CV.

764 S.W.2d 861 (1989)

The CITY OF AMARILLO, Appellant, v. RAY BERNEY ENTERPRISES, INC. and C.R. Peters, Appellees.

Court of Appeals of Texas, Amarillo.

January 24, 1989.

Attorney(s) appearing for the Case

Donna Clayton, First Asst. City Atty., City of Amarillo, Amarillo, for appellant.

Lon Moser, Moser & Stubblefield, Amarillo, for appellees.

Before REYNOLDS, C.J., and DODSON and BOYD, JJ.

REYNOLDS, Chief Justice.

The City of Amarillo has appealed from a summary judgment decreeing that the 1984 foreclosure of a 1977 deed of trust lien by Ray Berney Enterprises, Inc. and C.R. Peters extinguished the City's hotel occupancy tax liens, which were imposed after the deed of trust lien attached and before it was foreclosed. Concluding that the Berney corporation and Peters did not establish their entitlement to summary judgment as a matter of law on the ground...

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