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A & W INDUSTRIES, INC. v. DAY

No. 2-97-388-CV.

977 S.W.2d 738 (1998)

A & W INDUSTRIES, INC., Appellant, v. James M. DAY and Ramona Day, Independent Co-executors of the Estate Of Tommy Joe Day, Deceased, Appellees.

Court of Appeals of Texas, Fort Worth.

July 16, 1998.

Attorney(s) appearing for the Case

Orsen E. Paxton, Jeff S. Knotts, Arlington, for Appellant.

Woodley & Dudley, Keith Woodley, Comanche, for Appellee.

Before DAY, LIVINGSTON and BRIGHAM, JJ.

OPINION

DAY, Justice.

Appellant A & W Industries ("A & W") brings this appeal from the trial court's order dismissing its motion to remove Appellees James M. Day and Ramona Day ("Appellees") as independent co-executors of the estate of Tommy Joe Day, deceased. A & W asserts in a single point that the trial court erred in holding that A & W lacked standing to sue for Appellees' removal as a matter of law. Because A & W failed to both plead...

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