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  5. 790 S.W.2d 375 (1990)
 

ROLLINGBROOK INV. CO. v. TEXAS NAT. BANK OF BAYTOWN

No. 07-89-0057-CV.

790 S.W.2d 375 (1990)

ROLLINGBROOK INVESTMENT COMPANY, Appellant, v. TEXAS NATIONAL BANK OF BAYTOWN, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled June 22, 1990.

Attorney(s) appearing for the Case

Michael C. O'Connor, O'Connor, Wisner, Craig & Young, P.C., Houston, for appellant.

Decatur J. Holcombe, Royston, Rayzor, Vickery & Williams, Houston, for appellee.

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

POFF, Justice.

Appellant Rollingbrook Investment Company ("Rollingbrook") brought an action founded in usury against appellee Texas National Bank of Baytown (the "bank"). Both Rollingbrook and the bank filed motions for summary judgment. The bank's motion for summary judgment was granted and Rollingbrook's motion for summary judgment was overruled. By three points of error, Rollingbrook contends first, that a 3% fee collected by the bank was not a bona fide commitment...

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