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GRIFFIN v. BOX

No. 91-7080.

956 F.2d 89 (1992)

B.R. GRIFFIN, Martin T. Hart, David H. Hawk, James A. Lyle, Hayden McIlroy and J.R. Simplot, Plaintiffs-Appellees, v. Cloyce K. BOX, CKB & Associates, Inc., OKC Limited Partnership, CKB Petroleum, Inc. and Box Brothers Holding Co., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 1, 1992.

Attorney(s) appearing for the Case

David B. Tulchin, Sullivan & Cromwell, New York City, William J. Burnett and Arthur Mitchell, Dallas, Tex., for C. Box, et al.

John M. Wilson and Robert L. Theriot, Liskow & Lewis, New Orleans, La., for OKC Ltd. Partnership.

Richard A. Greener, Fredric V. Shoemaker, Cosho, Humphrey, Greener & Welsh, Boise, Idaho, and David R. Norton, Bailey & Williams, Dallas, Tex., for B.R. Griffin, Martin T. Hart, et al.

Before WILLIAMS, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 1, 1992.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Defendants appeal a preliminary injunction enjoining the conversion of OKC-LP from a limited partnership into a corporation. Our overarching issue is whether plaintiffs enjoy the right to vote on the proposed conversion.

The district court found in 1988 that plaintiffs did not have the right to vote because they were transferees of partnership units without...

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