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801 NOLANA v. RTC MORTGAGE TRUST 1994-S6

No. 13-95-292-CV.

944 S.W.2d 751 (1997)

801 NOLANA, INC., f/k/a Falcon Development Company, Appellant, v. RTC MORTGAGE TRUST 1994-S6, A Delaware Business Trust and State Street Bank & Trust Co., et al., Appellees.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled May 29, 1997.

Attorney(s) appearing for the Case

J. Mitchell Clark, Shelby Jordan, Jordan & Shaw, Corpus Christi, Francisco J. Rodriguez, Rodriguez, Prunedo, Tovar, Enriquez & Calvillo, McAllen, for appellant.

Jose E. Garcia, Law Offices of Jose E. Garcia, McAllen, Charles M. Silverman, John D. White, Winstead, Secrest & Minick, Houston, for appellees.

Before SEERDEN, C.J., and FEDERICO G. HINOJOSA, Jr. and YAÑEZ, JJ.

OPINION

YANEZ, Justice.

This is an appeal from a summary judgment that 801 Nolana, Inc., appellant, is liable for indebtedness to the RTC Mortgage Trust 1994-S6, appellee, and that it take nothing by its counterclaim for declaratory relief, specific performance, and usury. By two points of error, appellant challenges the basis for the summary judgment against it and the denial of its motion for partial summary judgment on its counterclaim. We reverse and...

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