CHRISTIAN v. ICG TELECOM CANADA, INC.

No. 01-98-00814-CV.

996 S.W.2d 270 (1999)

William CHRISTIAN, Robert Armstrong, Robinson Neblett, James Stephens, Christopher Krenn, and John Cheek, Individually and on Behalf of all others similarly situated, and Ralph Shoberg, Individually, Appellants, v. ICG TELECOM CANADA, INC.; ICG Telecom Group, Inc.; ICG Communications, Inc.; Zycom Corporation; Zycom Corporation; and Zycom Network Services, Inc., Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled July 2, 1999.


Attorney(s) appearing for the Case

Alice Oliver-Parrott, David Burrow, Philip C. Brashier, Robin C. Gribbs, Houston, for appellant.

Jeffrey C. Alexander, Jean C. Frizzell, Barrett H. Reasoner. Scott A. Humphries, Houston, for appellee.

Panel consists of Justices HEDGES, NUCHIA, and EVANS.


OPINION

ADELE HEDGES, Justice.

Appellants appeal from the trial court's interlocutory denial of certification of a class and subclass of minority shareholders on derivative claims. See TEX. CIV. PRAC. & REM.CODE ANN. § 51.014(3) (Vernon Supp. 1999). We consider whether class certification is necessary to assert shareholder derivative claims. Concluding it is not, we affirm the order denying class certification.

Background

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