ROBERTSON v. STATE

No. 16752.

406 S.W.2d 90 (1966)

Gene ROBERTSON et al., Appellants, v. STATE of Texas ex rel. William H. CLEMENT et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied September 16, 1966.


Attorney(s) appearing for the Case

R. Marvin Pierce, and Eugene Sherrod, Jr., Wichita Falls, for appellants.

Carrington, Johnson & Stephens, Paul Carrington, Hubert D. Johnson and Gene L. McCoy, Dallas, Don Denbow, Asst. County Atty., Spence, Martin & Richie, Short & Smith, and Donald E. Short, Wichita Falls, for appellees.

Amicus curiæ brief by: Texas Bankers Ass'n, and Sam Kimberlin, Jr., Executive Vice President and Leonard Passmore, Counsel & Secretary, Austin.


OPINION

LANGDON, Justice.

The sole question presented by this appeal is whether or not the trial court erred in ruling that Art. 2.29D of the Texas Business Corporation Act, amended in 1961 and effective June 1, 1964, V.A.T.S., providing for cumulative voting of directors, was applicable to and governed the election of relators as directors of the Burkburnett (State) Bank.

Being of the opinion it did, we reverse and render.

Section D of Article...

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