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LONGAKER v. EVANS

No. 04-97-01046-CV.

32 S.W.3d 725 (2000)

Andrew Payne LONGAKER, Appellant/Appellee, v. Andrew Reed EVANS, Individually and as Temporary Administrator of the Estate of Marion Longaker Evans, Appellee/Appellant.

Court of Appeals of Texas, San Antonio.

November 22, 2000.

Attorney(s) appearing for the Case

Earle Cobb, Jr., Thomas H. Crofts, Jr., Crofts, Callaway & Jefferson, P.C., San Antonio, for Appellant.

Lewin Plunkett, Cathy J. Sheehan, Plunkett & Gibson, Inc., San Antonio, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, Justice, ALMA L. LOPEZ, Justice, CATHERINE STONE, Justice, PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice.

ON MOTION FOR EN BANC RECONSIDERATION

Opinion by PAUL W. GREEN, Justice.

The motion for rehearing of the July 7, 1999 panel opinion is overruled. However, the motion for en banc reconsideration is granted. Accordingly, the panel opinion dated July 7, 1999 is withdrawn and the en banc court substitutes the following opinion. The judgment remains unchanged.

* * *

This case involves a will contest and a judgment for damages against a fiduciary...

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