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VENTANA INVESTMENTS v. 909 CORP.

No. 1:93-CV-0495.

870 F.Supp. 723 (1994)

VENTANA INVESTMENTS, A TEXAS GENERAL PARTNERSHIP, Pride House Care Corp., The Britwill Company, and Bruce H. Whitehead, Individually, Plaintiffs, v. 909 CORPORATION, f/k/a Underwood, Neuhaus, & Co., Inc., Kemper Financial Companies, Inc., Lovett, Mitchell, Webb & Garrison, Inc., Franklin Financial Services, Inc. and William Sorenson, Defendants, v. RESOLUTION TRUST CORPORATION, as Conservator for Franklin Federal Savings Association, Intervenor.

United States District Court, E.D. Texas, Beaumont Division.

November 23, 1994.

Attorney(s) appearing for the Case

Carl A. Parker, Port Arthur, TX, Morris C. Gore, Dallas, TX, for Ventana.

Tanner T. Hunt, Bruce Partain, Wells Peyton Beard Greenberg Hunt & Crawford, Beaumont, TX, Patrick Zummo, Carolyn Southerland, Baker & Botts, Houston, TX, Barbara J. Barron, Mehaffy & Weber, Beaumont, TX, for defendants.

MEMORANDUM OPINION

COBB, District Judge.

INTRODUCTION

The Plaintiffs, Ventana Investments, Pride House Care Corporation, and Bruce H. Whitehead (hereinafter collectively referred to as "Ventana"), filed this suit alleging breach of contract, fraud, violations of the Texas Deceptive Trade Practices Act ("DTPA"), estoppel, and breach of fiduciary duty. The plaintiffs ask this court to grant summary judgment...

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