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ITALIAN COWBOY PARTNERS, LTD. v. PRUDENTIAL INS. CO. OF AMERICA

No. 08-0989.

341 S.W.3d 323 (2011)

ITALIAN COWBOY PARTNERS, LTD., Francesco Secchi and Jane Secchi, Petitioners, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA and Four Partners, LLC d/b/a Prizm Partners and d/b/a United Commercial Property Services, Respondents.

Supreme Court of Texas.

Decided April 15, 2011.

Attorney(s) appearing for the Case

Luke Madole , Thomas Fenton Allen Jr. , Carrington Coleman Sloman & Blumenthal, Ricardo Rochetti, Charles Josef Blanchard , Carrington Coleman Sloman & Blumenthal, Dallas, TX, for Italian Cowboy Partners, Ltd.

G. Luke Ashley , John A. Mackintosh Jr. , Richard Barrett Phillips, Jr. , Thompson & Knight, L.L.P., Dallas, TX, for The Prudential Insurance Company of America.

Justice GREEN delivered the opinion of the Court in which Chief Justice JEFFERSON, Justice WAINWRIGHT, Justice MEDINA, Justice JOHNSON, and Justice LEHRMANN joined.

We recognized decades ago that agreeing to a merger clause does not waive the right to sue for fraud should a party later discover that the representations it relied upon before signing the contract were fraudulent. See Dallas Farm Mach. Co. v. Reaves, 158 Tex. 1, 307 S.W.2d 233...

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