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PAGEL v. WHATLEY

No. 13-00-753-CV.

82 S.W.3d 571 (2002)

Frank J. PAGEL, Appellant, v. Richard WHATLEY d/b/a Whatley Flying Service, Appellee.

Court of Appeals of Texas, Corpus Christi.

Dissenting Opinion on Denial of Rehearing August 22, 2002.

Attorney(s) appearing for the Case

Cynthia T. Sheppard, Cuero, John W. Griffin, Jr., Larry Elliott, Robert P. Houston, Houston, Marek & Griffin, Victoria, for appellant.

Charles A. Hood, Port Lavaca, for appellee.

Before Chief Justice VALDEZ and Justices HINOJOSA and CASTILLO.

Dissenting Opinion on Denial of Rehearing En Banc August 22, 2002.

OPINION

Opinion by Justice CASTILLO.

Appellant Frank J. Pagel appeals from a trial court judgment in favor of appellee Richard Whatley, doing business as Whatley Flying Service ("Whatley"). Whatley's suit was based on Pagel's non-payment of an open account. Pagel filed a counterclaim, seeking damages for usurious interest charged on the account. After a bench trial, judgment was entered...

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