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CASS v. STEPHENS

No. 08-90-00289-CV.

823 S.W.2d 731 (1992)

Frank W. CASS and Cass Oil Company, Inc., Appellants, v. Patricia Love STEPHENS, Individually and as Trustee of the Walter H. Stephens Trust, the SSH Trust, the Sutton Elizabeth Stephens Irrevocable Trust and the Heather Love Stephens Irrevocable Trust, and Gruy Petroleum Management Company, Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Overruled January 23, 1992.

Attorney(s) appearing for the Case

Tom Thomas, Kolodey & Thomas, Dallas, William W. Kilgarlin, Popp & Ikard, Austin, for appellants.

George H. Nelson, Lubbock, Robb Stewart, Stewart & Salzberger, Dallas, Richard Bonner, Shafer, Davis, McCollum, Ashley, O'Leary & Stoker, Odessa, John A. Mad' Davis, Kemp, Smith, Duncan & Hammond, Midland, for appellees.

Before FULLER, WOODARD and KOEHLER, JJ.

CORRECTED OPINION

KOEHLER, Justice.

The opinion issued on November 27, 1991 is withdrawn and the following is substituted.

In a suit by Appellees for declaratory relief, an accounting, fraud and conversion, and to interplead expense money claimed by Appellants, the trial court imposed on Appellants for alleged discovery abuses sanctions, including a substantial sum for attorneys' fees and costs and the so-called "death penalty" striking all of Appellants...

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