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ATKINSON v. REID

No. 16635.

625 S.W.2d 64 (1981)

Newell W. ATKINSON, III, Appellant, v. Hubert R. REID and Quitman Lindley, Appellees.

Court of Appeals of Texas, San Antonio.

November 18, 1981.

Attorney(s) appearing for the Case

B. J. Shepherd, Alice, for appellant.

John H. Burris, James A. Erck, J. G. Adami, Jr., Parker Ellzey, Alice, Curtis B. Dyer, Corpus Christi, for appellees.

Before CADENA, C. J. (concur in result) KLINGEMAN and ESQUIVEL, JJ.

OPINION

ESQUIVEL, Justice.

Newell W. Atkinson, III, hereinafter referred to as Atkinson, brought this derivative action on behalf of Alice Investment Corporation for damages resulting from the alleged breach of fiduciary duties of Appellees Hubert R. Reid and Quitman Lindley, officers and directors of the Corporation. The trial court sustained a Plea in Abatement and Special Exceptions to Appellant's Fourth Amended Original Petition and dismissed appellant...

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