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HAWKINS v. FRANKLIN

No. 5177.

567 S.W.2d 596 (1978)

Daniel L. HAWKINS, Appellant, v. Jack FRANKLIN et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied June 29, 1978.

Attorney(s) appearing for the Case

Arthur Mitchell and Robert A. Miller, Mitchell, George & Belt, Austin, for appellant.

Don R. Wilson, Abilene, for appellees.

BRADBURY, Justice.

This is an appeal from an order of the trial court dismissing the cause of action brought by appellant, Daniel L. Hawkins, individually, and his stockholder's derivative action on behalf of Abilene Tube & Channel, Inc., against appellees, Jack Franklin, D & J Operating, Inc. and Abilene Tube & Channel, Inc.

Appellees answered appellant's original petition with their plea in abatement, special exceptions, and original answer....

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