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ROBERTS v. WHITFILL

No. 10-04-00030-CV.

191 S.W.3d 348 (2006)

Dan E. ROBERTS d/b/a ExpresTel, Appellant, v. Debra WHITFILL d/b/a Total Access Communication, Appellee.

Court of Appeals of Texas, Waco.

March 22, 2006.

Attorney(s) appearing for the Case

Richard G. Ferguson, Waco, for appellant.

Keith Bradley, Bradley & Cain, LLC, Cleburne, Leigh W. Davis, Fort Worth, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

BILL VANCE, Justice.

Dan Roberts and Debra Whitfill were business partners in Cleburne. After their partnership dissolved and they became competitors, Whitfill sued Roberts for antitrust violations, fraud, and breach of fiduciary duty. Aided by a spoliation instruction, Whitfill prevailed before a jury, which found for her on all three claims and assessed damages of $110,000 in compensatory damages against Roberts and $50,000 in punitive damages...

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