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FOUR B'S INC. v. STATE

No. 03-94-00255-CV.

902 S.W.2d 683 (1995)

FOUR B'S INC. d/b/a Action Pawn # 1, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled August 16, 1995.

Attorney(s) appearing for the Case

Roger Moore, Gray & Becker, P.C., Austin, for appellant.

Arthur Cappy Eads, Dist. Atty., Sean K. Proctor, Asst. Dist. Atty., Belton, for appellee.

Before POWERS, ABOUSSIE and B.A. SMITH, JJ.

PER CURIAM.

Following Deyarl Matheny's conviction of theft by check, the State moved to restore one of the stolen items, a Mossberg .12 gauge shotgun, to its owner, L.M. Kaster. Tex. Code Crim.Proc.Ann. art. 47.02 (West 1979). Appellant Four B's Inc. d/b/a Action Pawn # 1 intervened in the proceeding and asserted its right to the gun as a good faith purchaser from Matheny. The trial court ordered the gun restored to Kaster...

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