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GRABER v. FUQUA

No. 05-0303.

279 S.W.3d 608 (2009)

Thomas GRABER and Hopkins & Sutter, Petitioners, v. Richard L. FUQUA, Respondent.

Supreme Court of Texas.

Decided January 9, 2009.

Rehearing Denied May 1, 2009.

Attorney(s) appearing for the Case

James A. Baker, Robert H. Mow Jr., Kirkpatrick & Lockhart Preston Gates Ellis LLP, Jamie Lavergne Bryan, Hughes & Luce, L.L.P., Walter G. Pettey III, Little Pedersen Fankhauser LLP, Dallas, TX, Raymond L. Thomas, Kittleman, Thomas & Gonzalez, P.L.L.C., McAllen TX, for Petitioner.

Richard Lee Fuqua II, Fuqua & Keim, Houston, TX, for Respondent.

Justice GREEN delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice O'NEILL, and Justice JOHNSON joined.

The question in this case is whether a state malicious prosecution claim is preempted by the federal bankruptcy regime simply because the claim arose out of the filing of an adversary action in a bankruptcy proceeding. We hold that under the facts of this case, Congress did not...

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