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HIGHLAND CAPITAL MGMT. v. RYDER SCOTT CO.

No. 01-10-00362-CV.

402 S.W.3d 719 (2012)

HIGHLAND CAPITAL MANAGEMENT, L.P., ML CBO IV (Cayman) Ltd., Pamco Cayman, Ltd., Pam Capital Funding, L.P., Famco Value Income Partners, L.P., and Famco Offshore, Ltd., Appellants, v. RYDER SCOTT COMPANY and Chesapeake Energy Corporation, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

December 6, 2012.

Attorney(s) appearing for the Case

Michael P. Aigen , Kristen Ann Miller Reinsch , Paul Brian Lackey , for Highland Capital Management, L.P., ML CBO IV (Cayman) Ltd., Pamco Cayman, Ltd., Pam Capital Funding, L.P., Famco Value Income Partners, L.P., and Famco Offshore, Ltd.

Lauren B. Harris , Sanjay K. Minocha , Jeffrey R. Elkin , for Ryder Scott Company.

Brian K. Tully , JESSE R. PIERCE , for Chesapeake Energy Corporation.

Panel consists of Chief Justice RADACK and Justices HIGLEY and BROWN.

OPINION ON REHEARING

LAURA CARTER HIGLEY, Justice.

We originally issued our opinion in this appeal on April 5, 2012. Appellee Ryder Scott Company has filed a motion for rehearing. We grant the motion for rehearing, vacate our earlier judgment, withdraw our previous opinion, and issue this opinion in its place.

In this securities case, appellants, Highland Capital Management, L.P.; ML CBO IV (Cayman) Ltd.; Pamco Cayman, Ltd.; Pam Capital Funding,...

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