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BANKRUPTCY ESTATE OF ROCHESTER v. CAMPBELL

No. 03-95-00105-CV.

910 S.W.2d 647 (1995)

The BANKRUPTCY ESTATE OF Louis ROCHESTER, Thos. D. Murphy, Jr., Ray Hawkins, Trudi Hestand and Tracy Hawkins, individually and on behalf of Colonial Food Stores, Inc.; and Hawkins-Rochester-Murphy, Inc., Appellants, v. Robert CAMPBELL, Rory McLaughlin, Joe Fleckinger, Chuck Schmidt, Individually and doing business as, and as agents for Deloitte & Touche, a partnership, formerly known as Touche Ross & Co.; and Touche Ross & Co., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled December 20, 1995.

Attorney(s) appearing for the Case

Daniel M. Grant, Daniel M. Grant, P.C., Austin, for Appellants.

C.J. Muller, Farley P. Katz, Anthony E. Rebollo, Matthews & Branscomb, P.C., San Antonio, for Appellees.

Before POWERS, ABOUSSIE and KIDD, JJ.

KIDD, Justice.

Appellants ("the shareholders"),1 the former owners of Colonial Food Stores, Inc. ("Colonial"), brought an action in district court for accounting malpractice and fraud based on tax advice rendered by appellees ("Touche Ross")2 in connection with the sale of Colonial. The district court granted Touche Ross's motion for summary judgment, which was predicated...

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