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BAILEY v. GALLAGHER

No. 05-09-00868-CV.

348 S.W.3d 322 (2011)

Janeen A. BAILEY, et al., Appellants, v. Michael T. GALLAGHER, John H. Kim, and Gallagher, Lewis, Downey & Kim, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled September 29, 2011.

Attorney(s) appearing for the Case

George Whittenburg , Mack Whittenburg , David Gamez, Jr. , Whittenburg, Whittenburg, Garner & Stein, P.C., Amarillo, TX, Craig T. Enoch , Winstead PC, Austin, TX, for Appellant.

Gary D. Elliston , Melissa M. Leon , DeHay & Elliston, LLP, David P. Herrick , Herrick & Associates, P.C., Dallas, TX, for Michael T. Gallagher.

Before Justices O'NEILL, FITZGERALD, and LANG.

OPINION

Opinion By Justice FITZGERALD.

In this case, appellants endeavor to recover the share of attorney's fees that were paid to appellees Michael T. Gallagher, John H. Kim, and Gallagher, Lewis, Downey & Kim (collectively, "Gallagher") following settlement of appellants' lawsuit against the manufacturer of the diet drug Fen-Phen. The trial court's judgment decreed appellants take nothing on their claims. Appellants raise four issues in this Court...

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