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TUROFF v. McCASLIN

No. 10-04-00144-CV.

222 S.W.3d 664 (2007)

Steven S. TUROFF, as Trustee of The ProMedCo Recovery Trust, Appellant, v. Jack W. McCASLIN, H. Wayne Posey, Arthur Andersen, LLP, Charles W. McQueary, Robert D. Smith, Dale K. Edwards, Robert M. Sontheimer, E. Thomas Chaney, James F. Herd, Richard E. Ragsdale, and Deborah A. Johnson, Appellees.

Court of Appeals of Texas, Waco.

March 21, 2007.

Attorney(s) appearing for the Case

Michael P. Fritz, Susman Godfrey LLP, Dallas, J. Greg Coontz, Law Office of J. Greg Coontz, Burleson, Curtis Pritchard, Cleburne, for appellant.

John W. Wright, McDonald Sanders, Ralph H. Duggins, Cantey & Hangar, John W. Proctor, Brown Herman Dean Wiseman Lister & Hart, Fort Worth, Dan M. Boulware, MaClean & Boulware, Lisa M. Powell, Cleburne, Mary A. Keeney, Graves Doughterty Hearon & Moody, Austin, Steven K. Dewolf, Bellinger McManemin & DeWolf LLP, O. Rey Rodriguez, Karl Glenn Dial, Fulbright & Jaworski LLP, Dallas, for appellees.

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

OPINION

TOM GRAY, Chief Justice.

While ProMedCo was in bankruptcy, some of the entities and other persons interested in the bankruptcy entered into an agreement to contribute causes of action they had in connection with the downfall of ProMedCo to a litigation trust. A Litigation Trust Agreement was initiated and included in the bankruptcy court's Confirmation Order. One function of the Litigation Trust Agreement was to designate how proceeds obtained on...

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