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OPINION

This Court’s opinion of January 31, 2002 is withdrawn and the following is substituted.

This is an appeal from a take-nothing judgment rendered against appellant/plaintiff El Paso Refining, Inc. (“EPRI “) in a usury suit. EPRI raises seven points of error and contends that the trial court erred by: (1) charging the jury to apply a clear and convincing, instead of by a preponderance of the evidence, burden of proof, (2) submitting the issue of EPRI’s obligor status to the jury as an instruction, (3) submitting the issue of defendant Scurlock Permian Corporation’s (SP’s) time-price differential defense to the jury as an instruction, (4) submitting SP’s waiver defense to the jury as an instruction, (5) submitting SP’s usury savings clause defense to the jury as an instruction, (6) allowing expert testimony on EPRI’s standing to sue for usury and, (7) failing to order a new trial because the jury’s failure to find usury was against the great weight and preponderance of the evidence.

 
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