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CRUZ v. CARPENTER

No. 89-1264.

893 F.2d 84 (1990)

Roque CRUZ and Rosaura Cruz, Individually and as Next Friends for Rosibel Cruz, Alvaro Cruz and Perla Evelyn Cruz, Minor Children, Plaintiffs-Appellants, v. Ben H. CARPENTER, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 31, 1990.

Attorney(s) appearing for the Case

Lawrence L. Mealer, Charles Montemayor, Montemayor & Montemayor, Dallas, Tex., for plaintiffs-appellants.

David Bryant, Hughes & Luce, Dallas, Tex., for defendants-appellees.

Before GEE, JONES, and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

We are asked to decide whether the plaintiffs can prosecute a derivative action against seven former directors and officers of a now-defunct corporation, irrespective of a two-year statute of limitations obstructing continuation of this suit. Concluding that Texas law does not permit tolling of the limitations period under the facts herein presented, we affirm the judgment of the district court...

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