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WITKOWSKI v. BRIAN, FOOSHEE AND YONGE

No. 03-03-00768-CV.

181 S.W.3d 824 (2005)

Pearl WITKOWSKI and Joseph Phillips, Individually and on behalf of a class of all others similarly situated; and Deanna Warner, Individually and on behalf of a class of all others similarly situated, Appellants, v. BRIAN, FOOSHEE AND YONGE PROPERTIES, a Texas General Partnership; George Yonge; Jefferson Fooshee; Patrick Brian; and Embrey Partners, Ltd., a Texas Limited Partnership, Appellees.

Court of Appeals of Texas, Austin.

December 8, 2005.

Attorney(s) appearing for the Case

Geoffrey N. Courtney, Austin, for Deanna Warner.

Lori R.E. Ploeger, Cooley Godward LLP, Palo Alto, CA, for Pearl Witkowski.

R. James George, Jr., Taline Manassian, George & Brothers, LLP, Austin, for Pearl Witkowski and Joseph Phillips.

Jeffrey R. Jury, Amanda Lewis, Burns, Anderson, Jury & Brenner, LLP, Austin, for Brian, Fooshee & Yonge Properties, George Yonge, Jefferson Fooshee, Patrick Brian.

Walter H. Mizell, Brown, McCarroll, LLP, Austin, for Embrey Partners, Ltd.

Before Chief Justice LAW, Justices B.A. SMITH and PEMBERTON.

OPINION

W. KENNETH LAW, Chief Justice.

We grant appellants' motion for rehearing, withdraw our opinion and judgment issued June 23, 2005, and substitute the following in its place.1

This appeal arises from the sale of the River Woods apartment complex, part of which was designated as low-income housing, located in Austin, Texas. Appellants — Pearl Witkowski, Joseph Phillips, and Deanna Warner, individually...

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