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McKENNA INVESTMENTS v. ATLAS ENERGY

No. 2-91-098-CV.

832 S.W.2d 651 (1992)

McKENNA INVESTMENTS, Gordon J. McKenna and Wife, January McKenna, Appellants, v. ATLAS ENERGY CORPORATION, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled July 1, 1992.

Attorney(s) appearing for the Case

Shannon, Gracey, Ratliff & Miller, L.L.P., John Hill Cayce, Jr. and Kenneth L. McAlister, Fort Worth, for appellants.

Lippe & Associates, Emil Lippe, Jr., P.C. and Jeffrey R. Perry, Dallas, for appellee.

Before FARRIS, MEYERS and DAY, JJ.

OPINION

MEYERS, Justice.

Appellants, McKenna Investments, Gordon J. McKenna and his wife, Jan McKenna, appeal from a take-nothing judgment in favor of Atlas Energy Corporation. The McKennas sued Atlas for usury, wrongful foreclosure, and breach of contract arising out of a nonrecourse "wraparound" mortgage on certain real property in Tarrant County, Texas. Atlas counterclaimed for declaratory relief requesting the trial court declare that Atlas had not breached...

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