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FIELD MEASUREMENT SERV., INC. v. IVES

No. 1609.

609 S.W.2d 615 (1980)

FIELD MEASUREMENT SERVICE, INC., Appellant, v. Roy L. IVES and Ruby L. Ives et al., Appellees.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied December 18, 1980.

Attorney(s) appearing for the Case

Larry D. Woody, Woody, Gumm & Hoffman, Victoria, for appellant.

Anthony Field Constant, Corpus Christi, for appellees.

James H. Murray, Jr., David A. Smith, Anderson, Smith, Null, Stofer & Smith, Victoria, for intervenor.

OPINION

YOUNG, Justice.

This appeal of a take nothing judgment involves the rights in certain property of the appellant, B. W. Duke, both individually and as a stockholder of Field Measurement Service, Inc., in a derivative action. The act giving rise to the suit was the alleged fraudulent execution of a deed of property to a shareholder instead of to a different grantee intended by the corporation. Appellant brought suit for fraud and cancellation of a...

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