ECE TECHNOLOGIES INC. v. CHERRINGTON CORP.

No. 97-20690.

168 F.3d 201 (1999)

ECE TECHNOLOGIES INCORPORATED, Plaintiff-Appellee, v. CHERRINGTON CORPORATION, et al., Defendants, Cherrington Corporation, Defendant-Appellant. Cherrington Corporation, Plaintiff-Appellant, v. ECE Technologies Incorporated, doing business as Eastman Cherrington Environmental, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 22, 1999.


Attorney(s) appearing for the Case

Glenn A. Ballard, Jr., Nickolas J. Lorentzatos, Bracewell & Patterson, Houston, TX, for Plaintiff-Appellee.

Guy Stanford Lipe, Michael Lance Burnett, Vinson & Elkins, Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, BENAVIDES and DENNIS, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Today, we consider whether a set of commercial agreements between the parties was in substance a loan, or whether the agreements created a contractor-subcontractor relationship that included a loan. Whether the agreements violated Texas usury laws turns on this characterization. We hold that the district court erred in rejecting as a matter of law the assertion that this was a loan...

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