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RICH v. ELLIOTT

No. 08-95-00275-CV.

932 S.W.2d 83 (1996)

Jack RICH, Individually and as Assignee of John Muir Kipp and Rex Kipp, Jr. as Assignee of William Marble Kipp, Appellants, v. Robert G. ELLIOTT, George L. MacGregor, Jr., Matt Landry, Jr., First South-West Investments Company, Inc., and First South-West Associates, Inc., Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Overruled June 12, 1996.

Attorney(s) appearing for the Case

Doris Sipes, John C. Schwambach, Jr., El Paso, for Appellants.

Ronald Scott, W. Stephen Benesh, Bracewell & Patterson, L.L.P., Houston, Randy Lee, Richard, Lee, Cobb & Hall, P.C., El Paso, for Appellees.

Before BARAJAS, C.J., and LARSEN and CHEW, JJ.

OPINION

BARAJAS, Chief Justice.

This is an appeal from a trial court sanction dismissing Appellants' claims with prejudice. We reverse and remand the judgment of the trial court.

I. PROCEDURAL HISTORY

On July 12, 1985, Appellants filed their original petition in this action, alleging breach of fiduciary duty and negligence. On August 9, 1985, Appellees filed an original answer...

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