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SCHAUTTEET v. STOVER

Nos. 09-87-152 CV, 09-87-153 CV.

748 S.W.2d 580 (1988)

Don SCHAUTTEET, Relator, v. The Honorable Earl B. STOVER, Respondent.

Court of Appeals of Texas, Beaumont.

Rehearing Denied April 20, 1988.

Attorney(s) appearing for the Case

Robert G. Bailey and Mark F. Elvig, Brill & Brooks, Houston, for relator.

Karl C. Hoppess and Timothy Basquill, Hoppess, Cowgill & Emmott, P.C., Guy E. Matthews, Houston, J. Hoke Peacock, Orgain, Bell & Tucker, Beaumont, Vernon Runnels, Tyler, John E. Kinney, Woodville, Daniel V. Flatten, Mehaffy, Weber, Keith & Gonsoulin, Beaumont, for respondent.

OPINION

DIES, Chief Justice.

Relator filed a shareholders' derivative action against the First State Bank of Colmesneil (hereinafter referred to as the "Bank"), J.B. McClanahan and others on December 16, 1985 (Cause No. 09-87-153 CV). The Bank on April 16, 1986, filed suit against Don Schautteet and J.B. McClanahan, former officers and directors of the Bank, alleging fraudulent conveyance of real property and fraudulent and improper loan transactions (Cause...

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