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GUPTA v. EASTERN IDAHO TUMOR INSTITUTE, INC.

No. 14-00-00079-CV.

140 S.W.3d 747 (2004)

Shailesh GUPTA, M.D., Appellant v. EASTERN IDAHO TUMOR INSTITUTE, INC., Mukund Shah, M.D., Hesaraghatta Shamasunder, M.D., S.R. Venkatesh, M.D., Balchander Rao, M.D., Vinod Bhucar, M.D., and Arvind Bhandari, M.D., Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

June 17, 2004.

Attorney(s) appearing for the Case

Thomas W. McQuage, Galveston, for Appellant.

Daniel Prescott McManus, Houston, and Dermot Rigg, Sugar Land, for Appellees.

Panel consists of Justices ANDERSON, SEYMORE, and MURPHY.

OPINION

JOHN S. ANDERSON, Justice.

Shailesh Gupta appeals the jury verdict rendered in favor of Eastern Idaho Tumor Institute, Inc. for damages based on breach of fiduciary duty. Appellant contends the contract, on which the damages are based, is unenforceable because (1) the contract is illegal on its face; (2) a condition precedent was not satisfied; and (3) the non-assignment clause contained in the contract was violated. We affirm.

FACTUAL BACKGROUND...

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