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ELLOWAY v. PATE

No. 14-06-00062-CV.

238 S.W.3d 882 (2007)

Peter ELLOWAY, On Behalf of Himself and All Others Similarly Situated, Appellant v. Donna C. PATE, In Her Capacity As Independent Executor of the Estate of James L. Pate, James J. Postl, Terry L. Savage, H. John Greeniaus, Brent Scowcroft, Lorne R. Waxlax, Forrest R. Haselton, C. Berdon Lawrence, and Gerald B. Smith, Appellees.

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

November 1, 2007.

Attorney(s) appearing for the Case

Thomas E. Bilek, Kelly Cox Bilek, Houston, TX, for appellants.

Michael C. Massengale, James Edward Maloney, Karlene Dunn Poll, Michael C. Massengale, Houston, for appellees.

Panel consists of Justices YATES and ANDERSON, and Senior Justice HUDSON.

OPINION

J. HARVEY HUDSON, Senior Justice.

This is a shareholder class action brought by, appellant, Peter Elloway, on Behalf of Himself and All Others Similarly Situated, against appellees, Donna C. Pate, In Her Capacity As Independent Executor of the Estate of James L. Pate, James J. Postl, Terry L. Savage, H. John Greeniaus, Brent Scowcroft, Lorne R. Waxlax, Forrest R. Haselton, C. Berdon Lawrence, and Gerald B. Smith, for the alleged breach of their fiduciary...

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