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HUDDLESTON v. WESTERN NAT. BANK

No. 8921.

577 S.W.2d 778 (1979)

Jack HUDDLESTON, Appellant, v. WESTERN NATIONAL BANK and Roy Whittenburg, Appellees.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied February 13, 1979.

Attorney(s) appearing for the Case

Thomas Goggan, Austin, Stokes, Carnahan & Fields, Robert N. Carnahan, Amarillo, for appellant.

Gibson, Ochsner & Adkins, Michael C. Musick, Whittenburg Law Firm, Amarillo, for appellees.

ON MOTION FOR REHEARING

DODSON, Justice.

We withdraw our December 29, 1978, opinion and, in lieu thereof, substitute this opinion.

Jack Huddleston appeals from an order of the trial court dismissing his stockholder's derivative suit brought on behalf of Western National Bank of Amarillo and against Roy Whittenburg, the bank's president and principal stockholder. The court sustained a plea in abatement filed by Whittenburg and the bank (hereinafter...

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