Series Page, Title Page, Frontispiece, Copyright, Dedication, Epigraph

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Contents

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pp. ix-x

Illustrations

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pp. xi-xii

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Commentary of Sketches

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pp. xiii-xiv

As the book was in the final stages of production, Glenna Goodacre found a sketchbook that she used during the first week of the first jury trial in the Maxey case. In the limited time available to them, the authors were able to identify all of the principle figures she drew, with the exception of the jurors. Some of the figures were easy to identify...

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Foreword

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pp. xv-xvi

As books and articles about banking and litigation go, this work is unique and a tribute to the tenacity of Homer Maxey and the Texas judicial system. Justice was served and the limits of law exposed in the appellate process. Yet this was unlike so many other episodes in American history...

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Notes from the Authors

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pp. xvii-2

One evening in 1970, my last year in Lubbock before moving my law practice to Austin, I was having dinner at a place called the Depot when Charlie Jones came in and sat down at my table. In addition to being a longtime friend of mine, Charlie was a trial lawyer of legendary reputation and a frequent courtroom adversary...

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Introduction

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pp. 3-12

The conflict at the heart of this book is Homer Maxey’s fifteen-year battle against Citizens National Bank of Lubbock (which in 1973 merged with Texas Commerce Bancshares to become Texas Commerce Bank of Lubbock). The lawsuit filed in Lubbock County 72nd District Court on July 16, 1966, alleging fraud...

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1. The Puzzle

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pp. 13-19

Sitting high and dry on the southern plains, with its straight-line horizon and a street grid aligned with the compass, Lubbock, Texas, looks quiet and peaceful, a place where radicals and other troublemakers have no room to hide. One of the most culturally and politically conservative areas in the nation, it does not seem like...

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2. Movers and Shakers

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pp. 20-36

To appreciate who Homer Maxey was, it helps to know a bit about the town of Lubbock and how it came to be. Lubbock is in the center of the South Plains, part of one of the largest tablelands of the North American continent and one of the fl attest places on earth, the Llano Estacado. Covering about 37,500 square miles of...

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3. A Go-Getter

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pp. 37-55

The son of a wealthy man, Homer Maxey took great pride in having worked hard to make his own way in the world. He often mentioned how, at age thirteen, he worked for his father, building the President’s Home at Texas Tech, earning $11.85 for his first week’s wages, which he claimed was the very first paycheck issued by the...

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4. The Boom Years and the Midas Touch

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pp. 56-87

Homer Maxey was still wearing his navy uniform when he left Lubbock on a series of business meetings in late 1945.¹ It is possible he had not had time to shop for a new business suit, but a savvy individual like Maxey must have known that a military uniform could be an advantage during business negotiations...

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5. Red in the Face

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pp. 88-111

It’s hard to pinpoint just when things began to go sour between Homer Maxey and E. W. Williams, Jr. In the beginning, the banker seemed eager to provide all the financing Maxey needed.¹ By early 1964, however, the bank was pressuring Maxey to reduce his debt and collateralize additional assets, while Maxey was complaining about what he...

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6. The First Trial: Battle Lines Drawn

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pp. 112-144

The trial began on Monday, October 27, 1969, more than three and a half years after the foreclosure. The case was front-page news and the talk of the town, but Homer Maxey was no longer, as his friend Bobby Day called him, “cock of the walk and King of Lubbock.”¹ Maxey was now fifty-eight years old, and instead of retiring...

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7. The Other Side of the Story

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pp. 145-196

Those who participated in and attended the Maxey trials still retain powerful memories of the experience. The name W. O. Shafer may not immediately spring to mind, but they remember the lead defense attorney’s bent frame and caustic wit. They remember that the presiding judge was a polio survivor who wore cat’s-eye...

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8. Twists and Turns

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pp. 197-216

Judge Moore gave everyone Thursday and Friday off, and the trial resumed the following Monday morning, January 12, 1970. The attorneys for both sides took full advantage of the two hours allowed for final arguments. After enduring twenty-eight days of testimony in the longest trial in the history of Lubbock County, the jurors...

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9. Behind Closed Doors

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pp. 217-221

The death of Bill Evans on March 27, 1970, touched a large cross section of Lubbock’s citizenry. In addition to being an elder statesman of the legal community and a businessman, Evans was a leader in civic affairs, Texas Tech, his church, and the public school system.¹ The crowd at the funeral also included a good number of...

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10. Rematch

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pp. 222-259

Between the cloud of vague suspicions and rumors surrounding the Homer Maxey case and the cold, hard facts, Mike Liles did not lack for incentive. He believed that the case reeked of judicial impropriety, going all the way back to Judge Pat Moore and her relationship with Citizens National Bank. As a young lawyer he was...

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11. “A Maxey never starts anything he doesn’t finish.”

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pp. 260-276

The Amarillo Court of Appeals took its time rendering its decision on the bank’s petition to overturn the verdict. Final briefs were filed in May 1977, and oral arguments were heard in Amarillo on October 4, 1977. The court was composed of a chief justice and three associate justices. Mary Lou Robinson, appointed to the court...

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Epilogue

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pp. 277-282

Homer Maxey would have turned one hundred on March 14, 2011. If he had returned home for a centennial visit, he would have found a city that has continued to grow in size and influence. By comparison with Homer’s second decade, 1920–1930, when the population increased fivefold, growth has slowed somewhat, but...

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Acknowledgments

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pp. 283-288

The authors express their gratitude to those persons who have cooperated and assisted by contributing background information, assisting in research, and helping authenticate factual content for this book. It is inevitable that the names of some individuals who helped us reach our...

Appendix 1. A Chronology of the Maxey Litigation

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pp. 289-290

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Appendix 2. Summary of the Maxey Appeals

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pp. 291-292

Homer Maxey did not merely leave a heritage of buildings, homes, and parks for the future generations of Lubbock and for Texas. He left the permanent impact and memory of two lengthy jury trials (which resulted in two of the largest verdicts in the history of the...

Notes

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pp. 293-316

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Sources

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pp. 317-326

The process of researching and writing the story of Homer Maxey created a large collection of newspaper articles, court documents, trial transcripts, interview transcripts, photographs, family records, and other documents. In the final stages of preparing the manuscript for publication...

Index

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pp. 327-338