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BUSH v. BRUNSWICK CORP.

No. 2-86-059-CV.

783 S.W.2d 724 (1989)

Alan H. BUSH, C.O. Ted Collins, Jr., Wilford B. Fultz, Richard L. Lowe, Michael W. Milner, Bobby L. Payne, and Walter A. Schmid, Jr., Appellants, v. BRUNSWICK CORPORATION, and ICO Transitory, Inc., Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied February 13, 1990.

Attorney(s) appearing for the Case

Cantey, Hanger, Gooch, Munn & Collins, Cecil E. Munn and Sloan B. Blair, Fort Worth, for appellants.

Brown, Herman, Scott, Dean & Miles, J. Lyndell Kirkley, Fort Worth, for appellees.

Before JOE SPURLOCK, II, FARRIS and KELTNER, JJ.

OPINION ON REHEARING

KELTNER, Justice.

The issue in this appeal is whether the parties to a merger agreement intended to allow shareholders a cause of action against the acquiring company for dimunition of stock value as a result of alleged breach of the agreement.

We conclude that the agreement does not prohibit such cause of action, hold the trial court erred in entering an order striking the petition for intervention, and remand the cause for...

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