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CUNNINGHAM & CO. v. CONSOLIDATED REALTY MANAGEMENT

No. 85-2842.

803 F.2d 840 (1986)

CUNNINGHAM AND COMPANY, INC., Plaintiff-Appellant, v. CONSOLIDATED REALTY MANAGEMENT, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 3, 1986.

Attorney(s) appearing for the Case

Clyde A. Muchmore, Oklahoma City, Okl., Stephen Parten, San Antonio, Tex., for plaintiff-appellant.

Emerson Banack, Jr., San Antonio, Tex., for Consolidated Realty, et al.

Moulton S. Dowler, Jr., San Antonio, Tex., for Segal, et al.

Before THORNBERRY, JOHNSON, and JERRE S. WILLIAMS, Circuit Judges.

JOHNSON, Circuit Judge:

A limited partner, Cunningham and Company ("Cunningham"), sued the general partner, the other limited partners, and the buyers of partnership property for breach of partnership agreements, breach of fiduciary duty, and conspiracy. The jury found against Cunningham on all counts. The issues on appeal are: (1) whether the trial court was correct in leaving interpretation of the partnership agreements to the jury; (2) how two apparently conflicting...

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