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BRUNSWICK CORP. v. BUSH

No. 2-91-121-CV.

829 S.W.2d 352 (1992)

BRUNSWICK CORPORATION and ICO Transitory, Inc., Appellants, v. Alan H. BUSH, Wilford B. Fultz, Michael W. Milner, CO. Ted Collins, Jr., and Richard L. Lowe, for Themselves and on Behalf of a Class Comprised of all Shareholders of ICO, Inc. on May 24, 1985, Appellees.

Court of Appeals of Texas, Fort Worth.

April 15, 1992.

Attorney(s) appearing for the Case

Carrington, Coleman, Sloman & Blumenthal and Fletcher L. Yarbrough, Corbet F. Bryant, Jr., Ken Carroll, Dallas, for appellants.

Cantey & Hanger, and Cecil E. Munn, S.G. Johndroe, Sloan B. Blair, Fort Worth, for appellees.

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

OPINION

FARRIS, Justice.

Brunswick Corporation and ICO Transitory, Inc. (collectively Brunswick) appeal an order of the trial court certifying as a class the shareholders of ICO, Inc. (ICO). See Tex.R.Civ.P. 42. Brunswick appeals for essentially three reasons: (1) this court's prior opinion in Bush v. Brunswick Corp., 783 S.W.2d 724 (Tex.App.—Fort Worth 1989, writ denied) is not controlling with regard...

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