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GENERAL ELEC. CAPITAL ASSURANCE v. JACKSON

No. 01-02-00108-CV.

135 S.W.3d 849 (2004)

GENERAL ELECTRIC CAPITAL ASSURANCE CO. and Bank One Texas, N.A., Appellants, v. Barrie Brooks JACKSON Jr. and Milton E. Richards, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled June 2, 2004.

Attorney(s) appearing for the Case

William Book, Tekell, Book, Matthews & Limmer, L.L.P., Houston, TX, for Appellants.

David M. Gunn, Russell S. Post, Beck, Redden & Secrest, L.L.P., Kenneth Tekell, Tekell, Book, Matthews & Limmer, L.L.P., Maxwell Micah Kessler, Corwin L. Teltschik, L.T. "Butch" Bradt, The Teltschik Law Firm, Andrew Todd McKinney IV, Kim A. Cooper, Kelley A. Hammon, McKinney & Coper, L.L.P., J. Brett Busby, Mayer, Brown, Rowe & Maw, LLP, Charles Wist, Wist Holland & Kehlhof, L.L.P., Houston, TX, Lisa L. Silvestri, Gable & Gatwals, Tulsa, OK, for Appellees.

Panel consists of Chief Justice RADACK and Justices KEYES and ALCALA.

OPINION

SHERRY RADACK, Chief Justice.

Barrie Brooks Jackson, Jr., an appellee in this case, sued General Electric Capital Assurance Company (GECA), Bank One Texas, National Association (Bank One), and Milton E. Richards, alleging that GECA and Bank One wrongfully paid proceeds to Richards instead of Jackson and that Richards breached his fiduciary duty to Jackson in the management of those funds.

Jackson, GECA, and Bank One all filed motions for...

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