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KRAINZ v. KODIAK RESOURCES, INC.

No. 03-11-00454-CV.

436 S.W.3d 325 (2013)

Appellant, Michael P. KRAINZ, Individually and Derivatively on behalf of Kodiak Resources, Inc.//Cross-Appellants, Kodiak Resources, Inc. and Matthew J. Telfer v. Appellees, KODIAK RESOURCES, INC. and Matthew J. Telfer//Cross-Appellee, Michael P. Krainz, Individually and Derivatively on behalf of Kodiak Resources, Inc.

Court of Appeals of Texas, Austin.

Rehearing Overruled July 17, 2014.

Attorney(s) appearing for the Case

Amanda G. Taylor , Jamie A. Rose , Robert Summers , Hohmann, Taube & Summers, L.L.P., Austin, TX, for Appellees.

J. Bruce Bennett , Cardwell, Hart & Bennett, L.L.P., Austin, TX, for Appellant.

Before Chief Justice JONES, Justices ROSE and GOODWIN.

OPINION

JEFF ROSE, Justice.

Michael P. Krainz filed this suit complaining of the failure of Kodiak Resources, Inc. to issue certificates memorializing the transfer of shares of Kodiak stock to Krainz. Matthew J. Telfer is Kodiak's founder and, he contends, its sole owner. The trial court1 granted summary judgment based on limitations against Krainz's claim for breach of contract, granted Kodiak's special exceptions based...

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