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STARK v. BENCKENSTEIN

No. 09-03-225 CV.

156 S.W.3d 112 (2004)

Ida Marie STARK, et al., Appellants, v. Eunice R. BENCKENSTEIN, et al., Appellees.

Court of Appeals of Texas, Beaumont.

Decided December 30, 2004.

Attorney(s) appearing for the Case

L. Clayton Burgess, Lafayette, LA, Louis Dugas, Orange, for appellants.

Louis Dugas, Jr., for William H. Stark, III, Randall Stark and Lynn Marie Stark Barras.

John Cash Smith, Bush, Lewis & Roebuck, Tommy Gunn, Gunn & Parkhurst, LLP, Orange, Kurt M. Andreason, Elizabeth C. Turley, Mehaffy Weber, PC, Kevin M. Jordan, Sheldon, Jordan & Dunham, LLP, Beaumont, Thomas L. Hanna, Thomas L. Hanna, PC, Nederland, Larry C. Hunter, Hunter Burch, LLP, Vidor, for appellees.

Before McKEITHEN, C.J., BURGESS and HILL, JJ.

OPINION

DON BURGESS, Justice.

This suit arises from claims related to the estates of three decedents — H.J. Lutcher Stark ("Lutcher"), and two of his wives, Nita Hill Stark ("Nita"), and Nelda C. Stark ("Nelda"). Appellants, who are heirs of William H. Stark II (one of Lutcher's and Nita's sons), contest the trial court's grant of summary judgment against them in a declaratory judgment action. The appellants are Ida Marie Stark, individually and as...

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