O'QUINN, Justice.
This appeal is from a summary judgment in which the district court decreed that appellant, who was plaintiff below, take nothing in a suit for damages and, alternatively, to enforce a constructive trust on 6.10 acres of land. Appellant's lawsuit was grounded on his claim that appellee had breached a fiduciary relationship between them and deprived appellant of an interest in the land and improvements which appellee acquired with a third party.
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