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GRANT THORNTON LLP v. SUNTRUST BANK

No. 05-03-00302-CV.

133 S.W.3d 342 (2004)

GRANT THORNTON LLP, Appellant, v. SUNTRUST BANK, Atlanta, as Trustee for Suntrust Retirement Sunbelt Equity Fund, and STI Classic Funds, for STI Classic Small Cap Growth Stock Fund, Appellees.

Court of Appeals of Texas, Dallas.

April 29, 2004.

Attorney(s) appearing for the Case

Robert W. Coleman, Joel E. Geary, Brown McCarroll, L.L.P., and Tracy Warren Berry, Brown McCarroll & Oaks Hartline, L.L.P., Dallas, for appellant.

Theodore Carl Anderson, Dorothy Elizabeth Masterson, Kilgore & Kilgore, P.L.L.C., John H. Crouch, W.D. Masterson, Kilgore & Kilgore, Inc., Dallas, Ira A. Schochet, Goodkind, Labaton, Rudoff & Sucharow, LLP, New York, NY, for Suntrust Bank.

Before Justices WHITTINGTON, JAMES, and O'NEILL.

OPINION

Opinion by Justice JAMES.

This case involves a lawsuit against a public accounting firm, Grant Thornton LLP, for material misstatements and omissions of material facts in the registration statement for the initial public offering of Bollinger Industries, Inc. The trial court certified as a class action two of the causes of action brought by Suntrust Bank, Atlanta, (Suntrust) as Trustee for Suntrust Retirement Sunbelt Equity Fund (Sunbelt) and by...

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