TRINITY INDUSTRIES, INC. v. MYERS & ASSOCIATES, LTD.

No. 93-9169.

41 F.3d 229 (1995)

TRINITY INDUSTRIES, INC., Plaintiff-Appellant, v. MYERS & ASSOCIATES, LTD., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 7, 1995.


Attorney(s) appearing for the Case

Larry D. Carlson, Bryant S. McFall, Baker & Botts, Dallas, TX, for appellant.

W. Wendell Hall, Fulbright & Jaworski, San Antonio, TX, for appellees.

Scott Patrick Stolley, Thomas A. Culpepper, Thompson, Coe, Cousins & Irons, Dallas, TX, for Gilhooly.

Before POLITZ, Chief Judge, GOLDBERG and DUHÉ, Circuit Judges.


POLITZ, Chief Judge:

Trinity Industries, Inc. appeals the dismissal for lack of personal jurisdiction of its suit against its former attorneys. Concluding that the requisite jurisdiction exists, we reverse and remand.

Background

In ruling on a motion to dismiss without an evidentiary hearing, as was done here, the district court must accept as true the uncontroverted allegations in the complaint and resolve in favor of the complainant any...

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