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  5. 796 S.W.2d 160 (1990)
 

EYE SITE, INC. v. BLACKBURN

No. C-7611.

796 S.W.2d 160 (1990)

EYE SITE, INC., Petitioner, v. Joseph BLACKBURN, et al., Respondents.

Supreme Court of Texas.

Rehearing Overruled October 17, 1990.

Attorney(s) appearing for the Case

Robert N. Hinton, W. James Kronzer, and William E. Heitkamp, Houston, for petitioner.

Gerald G. Pecht, Thomas D. Cordell, Lawrence P. Wilson, and W. Patrick Bishop, Houston, for respondents.

OPINION

COOK, Justice.

This case presents the question whether the only dissenting shareholder of a close corporation may bring a derivative suit against the remaining shareholders. The trial court ruled that Tex.R.Civ.P. 42(a) prevents the shareholder from initiating such a lawsuit and dismissed the shareholder's case. The court of appeals affirmed. 750 S.W.2d 274 (1988). Because there is nothing in the rule which prevents...

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