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LUDWIG v. ENCORE MEDICAL, L.P.

No. 03-04-00700-CV.

191 S.W.3d 285 (2006)

Joyce LUDWIG, Appellant, v. ENCORE MEDICAL, L.P. f/k/a Encore Orthopedics, Inc.; Encore Medical GP, Inc.; and Encore Medical Corporation, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled April 19, 2006.

Attorney(s) appearing for the Case

Kevin C. Norton, Cantey & Hanger, LLP, Fort Worth, J. Woodfin Jones, Dana Livingston Cobb, Alexander Dubose Jones & Townsend, LLP, Austin, Richard W. Alexander, Julie K. Lane, Cantey & Hanger, L.L.P., Austin, for appellant.

Eric J. Taube, Paul Guinn, Rosera Tateosian, Hohmann Taube & Summers, LLP, Austin, for Appellee.

Before Justices B.A. SMITH, PATTERSON and PURYEAR.

OPINION

BEA ANN SMITH, Justice.

Appellee Encore Medical L.P.1 adopted a severance agreement to protect its key executives should a third party take control of the company. Two conditions triggered benefits under the agreement: a change of control and a termination event, defined to include an executive's resigning for "good reason." Joyce Ludwig sued for severance benefits, alleging that control of the company had changed...

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