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HAIRSTON v. SOUTHERN METHODIST UNIVERSITY

No. 05-11-00860-CV.

441 S.W.3d 327 (2013)

James HAIRSTON, Individually and Next Friend of Emily Hairston, A Minor, Appellants v. SOUTHERN METHODIST UNIVERSITY and Brent Erwin, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing En Banc Overruled June 5, 2013.

Attorney(s) appearing for the Case

Michael Patrick Kelly , Law Office of Michael P. Kelly, Dallas, TX, for Appellants.

John H. McElhaney , Locke Lord, LLP, Dallas, TX, for Appellees.

Before Justices BRIDGES, O'NEILL, and MURPHY.

OPINION

Opinion by Justice MURPHY.

Emily Hairston and her father, James Hairston,1 appeal the trial court's summary judgment in favor of Southern Methodist University and Brent Erwin on Hairston's claims for financial aid. In four general issues, Hairston contends fact issues exist precluding summary judgment and SMU2 failed to establish its affirmative defense of accord and satisfaction. We affirm...

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