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PELTIER ENTERPRISES, INC. v. HILTON

No. 12-00-00053-CV.

51 S.W.3d 616 (2000)

PELTIER ENTERPRISES, INC. and Bank of America, N.T. & S.A., Bank of America Texas, N.A., BankAmerica Corporation, Appellants, v. Jonray A. HILTON and Kelly D. Gibson, Individually, and On Behalf of All Other Persons Similarly Situated, Appellees.

Court of Appeals of Texas, Tyler.

Rehearing Overruled February 5, 2001.

Attorney(s) appearing for the Case

Robert Mowery, Ron Adkinson, Thomas Yoxall, Michelle Gomez Hertzog, Lock Purnell Rain & Harrell PC, Dallas, E. Lee Parsley, Locke Purnell Rain & Harrell P.C., Austin, William Carroll, Donohoe, Jameson & Carroll, P.C., Dallas, for appellants.

James Owen, Life, Stark & Owen, P.C., Athens, Jack McGehee, McGehee & Pianelli, L.L.P., Patricia Tulinski, State of Texas Atty. Gen. Consumer Protection, Houston, for appellees.

Panel consisted of WORTHEN, J., HADDEN, J., and RAMEY, Chief Justice, (Retired).

WORTHEN, Justice.

After a trial on the merits of several claims asserted by two class representatives ("Appellees"), the jury found for Bank of America N.T. & S.A., Bank of America Texas, N.A., BankAmerica Corporation (sometimes hereinafter referred to collectively as "the Bank") and Peltier Enterprises, Inc. ("Peltier"). However, the trial court refused to render judgment on the verdict and certified a class action. The Bank and Peltier (sometimes hereinafter...

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