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EYE SITE, INC. v. BLACKBURN

No. C14-87-00675-CV.

750 S.W.2d 274 (1988)

EYE SITE, INC., Appellant, v. Joseph BLACKBURN, Eye Optics, Inc. d/b/a Eye+Tech, Stephen J. Smolins And The Gillette Company, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied April 28, 1988.

Attorney(s) appearing for the Case

Robert N. Hinton, Houston, for appellant.

Gerard Pecht, Thomas D. Cordell, Houston, for appellees.

Before JUNELL, SEARS and DRAUGHN, JJ.

OPINION

SEARS, Justice.

This is an appeal from the dismissal of a shareholders' derivative suit for lack of compliance with Tex.R.Civ.P. 42(a). We affirm the order of dismissal.

Joseph Blackburn and Stephen Smolins (appellees) are licensed optometrists. They conceived a new concept in a retail optical store, one with an onsite laboratory where a customer could obtain a prescription, choose frames and pick up the new glasses in a single visit. Blackburn...

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