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CITY OF ARLINGTON v. WAYLAND

No. 2-84-150-CV.

711 S.W.2d 234 (1985)

CITY OF ARLINGTON, Texas, Appellant, v. Marcus WAYLAND, Appellee.

Court of Appeals of Texas, Fort Worth.

May 2, 1985.

Attorney(s) appearing for the Case

Tom Todd, City Atty. and John C. Stewart, Asst. City Atty., Arlington, for appellant.

The Professional Corporation of Rodney R. Elkins and Rodney R. Elkins, Dallas, for appellee.

Before ASHWORTH and JOE SPURLOCK, II, JJ.

OPINION

JOE SPURLOCK, II, Justice.

Appellant, City of Arlington, Texas, originally filed suit against appellee, Marcus Wayland, in January of 1978 for recovery of funds due under a promissory note. A judgment was rendered in favor of appellant in April of 1982, however, this judgment was set aside by the trial court and a new trial granted in July of 1982. In March of 1983, appellee filed a counterclaim against appellant. A trial to a jury, in the present...

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