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DOUGLAS v. DELP

No. 97-0827.

987 S.W.2d 879 (1999)

Benjamin A. DOUGLAS and Douglas, Kressler, & Wuester, P.C., Petitioners, v. Gertrude DELP and Billy Delp, Respondents.

Supreme Court of Texas.

Decided March 25, 1999.

Rehearing Overruled April 29, 1999.

Attorney(s) appearing for the Case

Charles T. Frazier, Jr., Dwayne J. Hermes, Gregory J. Lensing, Dallas, for petitioner.

Jerome J. Schiefelbein, Jon M. Smith, Gary F. DeShazo, Austin, for respondent.

Justice HANKINSON delivered the opinion for a unanimous Court.

Billy and Gertrude Delp sued Benjamin A. Douglas and Douglas, Kressler & Wuester, P.C., (collectively DKW) for legal malpractice arising out of representation in a business dispute. When Billy later filed for bankruptcy, the malpractice claims were included as an asset in the bankruptcy estate. The bankruptcy trustee sold the claims to a representative of DKW's malpractice carrier, who then successfully...

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