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McLELLAN v. KLEIN

No. 09-93-167 CV.

867 S.W.2d 953 (1994)

Kenneth McLELLAN, Joseph Chargois, James Glinsky, Salvador Mitrani, Jerry Ford, Lura Luquette, Eleanor J. Puckett, Individually and as Independent Executrix of the Estate of Leonard Puckett, Lloyd Barnett, Warren Daigle, Frank Wertz, Lynn Asher, as Independent Executrix of the Estate of Olive Weiner, and Sheldon Rosenthal, Appellants, v. Gerald P. KLEIN, Martha Klein, Roger N. Ennis, Ennis Financial Services, Inc., Sigmund Greenberg, and Leah Greenberg, Appellees.

Court of Appeals of Texas, Beaumont.

January 6, 1994.

Attorney(s) appearing for the Case

Walter D. Snider, Strong, Pipkin, Nelson & Bissell, Beaumont, for appellants.

Gina Fantasia, Hirch, Glover, Robinson & Sheiness, Houston, Lance Fox, Orgain, Bell & Tucker, Dewey J. Gonsoulin, Mehaffy & Weber, Bruce M. Partain, Wells, Peyton, Beard, Greenberg, Hunt and Crawford, Beaumont, for appellees.

Before WALKER, C.J., and BROOKSHIRE and BURGESS, JJ.

OPINION

BURGESS, Justice.

This suit was brought by management level employees of the now defunct The Fair, Inc., who were participants in a supplemental income plan. They had tried to recover their benefits in The Fair's bankruptcy proceeding, but the bankruptcy court ruled that they did not have a secured interest in the plan, nor an ownership interest in the policies insuring the participants' lives, and as...

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