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MONTGOMERY v. KENNEDY

No. C-2190.

669 S.W.2d 309 (1984)

Virginia Lou Wilkinson MONTGOMERY, et al., Petitioners, v. Virginia McEntire KENNEDY, et al., Respondents.

Supreme Court of Texas.

Rehearing Denied June 6, 1984.

Attorney(s) appearing for the Case

Porter & Clements, J. Eugene Clements and Henri-Ann Nortman, Houston, for petitioners.

Vinson & Elkins, John B. Holstead and Paul D. Clote, Shrader & York, Houston, for respondents.

ROBERTSON, Justice.

Virginia Lou Wilkinson Montgomery and her children sued Jack B. Wilkinson, Jr. and Virginia McEntire Kennedy in a bill of review to set aside a prior agreed judgment. The trial court rendered summary judgment for defendants. The court of appeals affirmed, holding plaintiffs' evidence of fraud raised at most an issue of intrinsic fraud, not sufficient to justify a bill of review. 651 S.W.2d 814. We reverse...

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