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HAYES v. ROYALA, INC.

No. 1:94-MC-99.

180 B.R. 476 (1995)

Jeff HAYES, as Independent Executor of the Estate of Roy Hayes, Deceased, and Alma Hayes, Plaintiffs, v. ROYALA, INC., et al., Defendants, and Barbara Hayes and Hayes, Inc., Counterplaintiffs.

United States District Court, E.D. Texas, Beaumont Division.

January 31, 1995.

Attorney(s) appearing for the Case

Joseph C. Hawthorn, Hawthorn & Black, Thomas Hugh Walston, Mehaffy & Weber, Beaumont, TX, Robert Quentin Keith, Amy Keith, Keith & Keith, Johnson City, TX, for plaintiffs.

C. Scott Mann, Jr., Gary Neale Reger, Orgain Bell & Tucker, Beaumont, TX, for defendants.

MEMORANDUM OPINION

COBB, District Judge.

BACKGROUND

Jeff and Alma Hayes (Plaintiffs) originally filed an action against Royala, Inc. (Royala) in state court requesting an accounting and a declaratory judgment for title to various properties held by Royala. Plaintiffs also sought damages for negligence, fraud and breach of fiduciary duty.

After the Plaintiffs filed suit, Royala filed for reorganization under Chapter 11 of the Bankruptcy...

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