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SWINNEA v. ERI CONSULTING ENGINEERS, INC.

No. 12-05-00428-CV.

364 S.W.3d 421 (2012)

J. Mark SWINNEA, Brady Environmental, Inc. and Malmeba Company, Ltd., Appellants, v. ERI CONSULTING ENGINEERS, INC. and Larry G. Snodgrass, Appellees.

Court of Appeals of Texas, Tyler.

March 30, 2012.

Attorney(s) appearing for the Case

Gregory D. Smith and Sheral K. Maloy , for Appellants.

Deborah J. Race , Roger W. Anderson and Mike Hatchell , for Appellees.

Panel consisted of WORTHEN, C.J., GRIFFITH, J. and HOYLE, J.

OPINION ON REMAND

SAM GRIFFITH, Justice.

Mark Swinnea sold his fifty percent interest in ERI Consulting Engineers, Inc. (ERI) to Larry Snodgrass, the other shareholder in the close corporation. Thereafter, this suit arose. A bench trial ensued, and the court determined that Swinnea breached his fiduciary duty, committed fraud, and engaged in a conspiracy with Brady Environmental, Inc. The trial court awarded ERI and Snodgrass over a million dollars...

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