Petitioners' Brief on the Merits - Supreme Court of Texas

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IDENTITIES OF PARTIES AND COUNSEL As required by the TEXAS RULE OF APPELLATE PROCEDURE 55.2(a), Petitioners correctly identifies appellate counsel, trial counsel and all parties to this appeal: PETITIONERS: Appellate Counsel for Petitioners: Trial Counsel for Petitioners: JASON FERGUSON and BOBBIE FERGUSON Kirk L. Pittard State Bar No. 24010313 F. Leighton Durham III State Bar No. 24012569 DURHAM & PITTARD, L.L.P. P.O. Box 190310 Dallas, Texas 75219 (214) 946-8000 (214) 946-8433 Fax Kimberly Stovall State Bar No. 19337000 STOVALL & ASSOCIATES, P.C. 6750 Hillcrest Plaza Drive Suite 312 Dallas, Texas 75230 (972) 774-1276 (972) 774-1277 fax PETITIONERS’ BRIEF ON THE MERITS i
RESPONDENT: BUILDING MATERIALS CORPORATION OF AMERICA Appellate Counsel Greg K. Winslett for Respondent: State Bar No. 21781900 Richard L. Smith, Jr. State Bar No. 18671200 QUILLING, SELANDER, CUMMISKEY & LOWNDS, P.C. 2001 Bryan Street, Suite 1800 Dallas, Texas 75201 (214) 871-2100 (214) 871-2111 fax RESPONDENTS: CPC LOGISTICS, INC., AND ROBERT JAMES MADDOX Trial Counsel John Philip Griffis for Respondents: State Bar No. 08476400 BARLOW, JONES & BRUST, LLP 17225 El Camino Real, Suite 400 Houston, Texas 77058 (281) 488-8440 (281) 488-6832 fax PETITIONERS’ BRIEF ON THE MERITS ii
Page 1: NO. 08-0589 IN THE SUPREME COURT OF
Page 5 and 6: D. The primary cases upon which the
Page 7 and 8: In re Okan's Foods, Inc., 217 B.R.
Page 9 and 10: NO. 08-0589 IN THE SUPREME COURT OF
Page 11 and 12: ISSUES PRESENTED First Issue Presen
Page 13 and 14: Due to a clerical error, this lawsu
Page 15 and 16: Fergusons discovered that the pendi
Page 17 and 18: position simply because his interes
Page 19 and 20: ● In re Coastal Plains, Inc., 179
Page 21 and 22: 4. Elements. Stated concisely as el
Page 23 and 24: court and other courts have conduct
Page 25 and 26: element of intent as a matter of la
Page 27 and 28: situation which led to bankruptcy.
Page 29 and 30: plaintiffs failed to list the poten
Page 31 and 32: omitted the suit from their bankrup
Page 33 and 34: match the Statement of Financial Af
Page 35 and 36: filings, only after his omission ha
Page 37 and 38: misrepresentations, the bankruptcy
Page 39 and 40: least in part based on its assessme
Page 41 and 42: has not judicially accepted the sin
Page 43: NO. 08-0589 IN THE SUPREME COURT OF

Petitioners' Brief on the Merits - Supreme Court of Texas

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