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MAGINN v. NORWEST MORTG., INC.

No. 03-95-00485-CV.

919 S.W.2d 164 (1996)

Michael MAGINN and Kimberly Maginn, Appellants, v. NORWEST MORTGAGE, INC., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled April 24, 1996.

Attorney(s) appearing for the Case

Howard J. Siegel, Kiester & Lockwood, L.L.P., Austin, for appellants.

Mitchel D. Savrick, Howmann, Werner & Taube, L.L.P., Austin, for appellee.

Before POWERS, ABOUSSIE and KIDD, JJ.

ABOUSSIE, Justice.

Appellants sued appellee for breach of written contract, breach of oral contract, promissory estoppel, violations of the Deceptive Trade Practices Act ("DTPA"), negligence, gross negligence, fraud, and negligent misrepresentation. The controversy arose when appellee ("Norwest") declined to offer appellants a mortgage loan. The trial court granted summary judgment against appellants on the DTPA claim, ruling that appellants were not "consumers" for...

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