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WELLS FARGO BANK v. RPK CAPITAL XVI

No. 05-10-00565-CV.

360 S.W.3d 691 (2012)

WELLS FARGO BANK NORTHWEST, N.A., not in its individual capacity but solely in its corporate capacity as owner trustee, Appellant, v. RPK CAPITAL XVI, L.L.C. and RPK Capital Management, L.L.C., Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled March 19, 2012.

Attorney(s) appearing for the Case

Scott T. Williams , Roderick L. Wilson , Akin Gump Strauss Hauer & Feld LLP, Dallas, for Appellant.

Christopher D. Kratovil , Dykema Gossett PLLC, David Weitman , James H. Billingsley , K & L Gates LLP, Christopher A. Brown , Winstead PC, Kevin B. Wiggins , White & Wiggins, L.L.P., Carlos Morales , Adorno Yoss White & Wiggins, LLP, Dallas, Jamie Ellen Lavergne Bryan , Winstead PC, Fort Worth, for Appellees.

Before Justices BRIDGES, O'NEILL, and FILLMORE.

OPINION

Opinion By Justice FILLMORE.

RPK Capital XVI, L.L.C. and RPK Capital Management, L.L.C. (collectively RPK) sued Wells Fargo Bank Northwest, N.A., in its corporate capacity as owner trustee of an aircraft (Wells Fargo), for conversion and for a declaratory judgment that RPK owns and is entitled to possession of an aircraft thrust reverser. Following a bench trial based partially on stipulated facts, the trial court awarded RPK possession of the thrust...

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