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IN RE SUCCESSION OF MOSS

No. 00-62.

769 So.2d 614 (2000)

SUCCESSION OF William J. MOSS.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied September 13, 2000.

Writ Denied December 8, 2000.

Attorney(s) appearing for the Case

Lee H. des Bordes, Jr., Gary L. Boland, Baton Rouge, LA, Counsel for Defendant, A. Sam Coury.

John E. Conery, Franklin, LA, Counsel for Plaintiffs, Sharon K. Coury Moss and William John Moss.

Richard Ernest Santora, Herschel C. Adcock, M. Allyn Stroud, Brook, Morial, Cassibry, Fraiche & Pizza, New Orleans, LA, Kenneth A. Goodwin, New Orleans, LA, Counsel for Plaintiff, John T. Landry, Succession Executor of the Estate of William John Moss.

Peter C. Piccione, Sr., Lafayette, LA, Gary E. Theall, Theall & Fontana, Abbeville, LA, Counsel for Plaintiff, Sharon K. Coury Moss.

Kenneth L. Hix, Lafayette, LA, Counsel for Defendants, Robert B. Bernard, Sr., and James S. Fitzgerald, Sr., as Trustees of the J. Alfred and Pearl F. Bernard Trust.

(Court composed of Judge HENRY L. YELVERTON, Judge ULYSSES GENE THIBODEAUX and Judge ELIZABETH A. PICKETT).

THIBODEAUX, Judge.

We again consider the effect of transfer restrictions on the Moss estate's shares of Coury Moss, Inc. stock. The trial court awarded Sharon K. Coury Moss, the surviving spouse of the deceased shareholder, William J. Moss, and administratrix of his estate, ownership of one-half of the stock presently held by the Succession of William J. Moss, but found that she had no right to stock not yet in the succession. The appellant, A. Sam Coury, also a shareholder...

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