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MURRAY SAV. ASS'N v. ZAUBER

No. B-9171.

601 S.W.2d 940 (1980)

MURRAY SAVINGS ASSOCIATION et al., Petitioners, v. Ray ZAUBER et al., Respondents.

Supreme Court of Texas.

July 2, 1980.

Attorney(s) appearing for the Case

Gardere, Wynne & Jaffe, Curtis L. Frisbie, Jr., Kelsoe & Ayres, G. H. Kelsoe, Jr., Dallas, for petitioners.

Don C. Alexander and Dean Carlton, Dallas, for respondents.

PER CURIAM.

The application for writ of error is refused, no reversible error. In this derivative action the court of civil appeals reversed and remanded the judgment of the trial court which, upon granting the motion for summary judgment of the corporation, dismissed the suit without prejudice to refiling as an individual as opposed to a derivative action. 591 S.W.2d 932. The summary judgment proof of petitioner Murray Savings...

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