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MILLAN v. DEAN WITTER REYNOLDS, INC.

No. 04-00-00608-CV.

90 S.W.3d 760 (2002)

Maria MILLAN, Individually and as Trustee for James E. Millan, Appellant, v. DEAN WITTER REYNOLDS, INC., Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled September 4, 2002.

Attorney(s) appearing for the Case

Joel H. Pullen, Shari P. Pulman, Law Offices of Joel H. Pullen, San Antonio; Peter M. Kelly, Kelly, Jeremiah & Feder, L.L.P., Houston, for Appellant.

David D. Sterling, Stephen G. Tipps, Amy Douthitt Maddux, Baker Botts, L.L.P., Houston; Paul M. Green, Green & Dubois, P.C., San Antonio, for Appellee.

Sitting en banc: PHIL HARDBERGER, Chief Justice, ALMA L. LÓPEZ, Justice, CATHERINE STONE, Justice, PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice, and SANDEE BRYAN MARION, Justice.

Rehearing En Banc Overruled September 4, 2002.

OPINION ON APPELLEE'S MOTION FOR REHEARING EN BANC

Opinion by KAREN ANGELINI, Justice.

We grant Dean Witter Reynolds, Inc.'s motion for rehearing en banc, withdraw our opinion and judgment issued November 30, 2001, and issue this revised opinion and judgment.

FACTUAL & PROCEDURAL BACKGROUND

Maria Millan opened two brokerage accounts at Dean Witter—one for herself and the...

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