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WEST ANDERSON PLAZA v. FEYZNIA

No. 3-92-453-CV.

876 S.W.2d 528 (1994)

WEST ANDERSON PLAZA, Appellant, v. Exxon Mehdi FEYZNIA, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 22, 1994.

Attorney(s) appearing for the Case

Michael Deitch, Deitch & Hamilton, P.C., Austin, for appellant.

Roy O. Smithers, Bragg, Chumlea, McQuality, Smithers & Curry, Austin, for appellee.

Before CARROLL, C.J., and ABOUSSIE and JONES, JJ.

ON MOTION FOR REHEARING

JONES, Justice.

The opinion and judgment issued herein on August 25, 1993, are withdrawn, and the following opinion is substituted for the earlier one.

West Anderson Plaza ("the Landlord") sued Exxon Mehdi Feyznia ("the Tenant") in a forcible-detainer action. The Tenant counterclaimed, asserting violations of section 17.46(b)(12) of the Deceptive Trade Practices Act ("DTPA"), Tex.Bus. & Com.Code Ann. §§ 17.41...

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