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PEMELTON v. RUSSELL TRUSTS PARTNERSHIP

No. 13-94-167-CV.

913 S.W.2d 710 (1995)

Billy Gene PEMELTON, Appellant, v. RUSSELL TRUSTS PARTNERSHIP, Appellee.

Court of Appeals of Texas, Corpus Christi.

December 14, 1995.

Attorney(s) appearing for the Case

Van A. Hutchins, McAllen, for appellant.

Darlene Vale, McAllen, for appellee.

Before YANEZ, CHAVEZ and RODRIGUEZ, JJ.

OPINION

RODRIGUEZ, Justice.

Gene Pemelton, defendant in the trial court, appeals from an adverse summary judgment entered in favor of the Russell Trusts Partnership ("Russell"). In an underlying suit, Pemelton filed for Chapter 12 bankruptcy protection wherein Russell, a secured creditor, elected to receive his security interest in lieu of repayment of a debt owed by Pemelton. Russell was granted a Relief from...

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