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ROGERS v. BUTLER

No. 8523.

563 S.W.2d 840 (1978)

Morris L. ROGERS, Appellant, v. Thomas W. BUTLER, Individually, and Thomas W. Butler, d/b/a Fiesta International, Inc., Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied March 28, 1978.

Attorney(s) appearing for the Case

Mark C. Hall, Lubbock, for appellant.

Donald M. Hunt, Key, Carr, Evans & Fouts, Lubbock, for appellee.

ODEN, Justice.

Appellant, Morris L. Rogers (Rogers), filed suit against appellee, Thomas W. Butler (Butler), seeking an accounting, damages and to impress a constructive trust on certain real property formerly owned by Fiesta International, Inc. Butler pleaded in defense that Fiesta International, Inc., the business Rogers desired an accounting of, was a corporation and Rogers was estopped to deny either the corporate existence or to complain of any act in which he...

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