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CAPITAL NATIONAL BANK v. S. E. REALTY CORPORATION

No. 1051.

515 S.W.2d 330 (1974)

CAPITAL NATIONAL BANK et al., Appellants, v. S. E. REALTY CORPORATION et al., Appellees.

Court of Civil Appeals of Texas, Houston (14th Dist.).

October 9, 1974.

Attorney(s) appearing for the Case

J. Eugene Clements, Sewell, Junell & Riggs, Houston, for appellants.

Hartford H. Prewett, Foreman, Dyess, Prewett, Rosenberg & Henderson, Sidney Ravkind, Mandell & Wright, O. Theodore Dinkins, Jr., Butler, Binion, Rice, Cook & Knapp, Houston, for appellees.

COULSON, Justice.

This action for a declaratory judgment requires the construction of Tex.Bus.Corp. Act, Ann. art. 4.09(A), (1956), V.A.T.S., as it effects the articles of incorporation of two domestic corporations, S. E. Realty Corp. and Texberry Container Corp. The stockholders of the two corporations are substantially the same, as are the articles of incorporation in their pertinent parts. The articles provide for two classes of stock. The class A stock is common...

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