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MILLER v. MAC GANN

No. D-2178.

842 S.W.2d 641 (1992)

Ralph K. MILLER, Petitioner, v. William MAC GANN, Jim M. Perdue, and MGP Farm & Ranch, a Texas Partnership, Respondents.

Supreme Court of Texas.

September 30, 1992.

Attorney(s) appearing for the Case

Ralph K. Miller, New Braunfels, for petitioner.

Stanley B. Binion, Kevin Dubose, Merry Miller, Houston, for respondent.

ON MOTION FOR REHEARING

PER CURIAM.

The motions for rehearings are overruled. The court's opinion of July 2, 1992, is withdrawn, and the following is substituted therefor.

This land ownership dispute involves the doctrine of judicial estoppel. Ralph Miller sued William Mac Gann and Jim Perdue for breach of fiduciary duty relating to their mutual ownership of a land tract in Brazoria County. Gann and Perdue deny the land was owned by the parties'...

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