Petitioners' Brief on the Merits - Supreme Court of Texas

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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 TRIAL COUNSEL FOR PETITIONERS JASON FERGUSON AND BOBBIE FERGUSON CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Petitioners’ <strong>Brief</strong> on the Merits has been forwarded to counsel listed below via certified mail, return receipt requested on this 10th day of March, 2009. Greg K. Winslett Richard L. Smith, Jr. Quilling, Selander, Cummiskey & Lownds, P.C. 2001 Bryan Street, Suite 1800 Dallas, Texas 75201 John Philip Griffis Barlow, Jones & Brust, LLP 17225 El Camino Real, Suite 400 Houston, TX 77058 /s/ Kirk L. Pittard Kirk L. Pittard PETITIONERS’ BRIEF ON THE MERITS 34
NO. 08-0589 IN THE SUPREME COURT OF TEXAS JASON FERGUSON and BOBBIE FERGUSON, Petitioners v. BUILDING MATERIALS CORPORATION OF AMERICA, CPC LOGISTICS, INC., AND ROBERT JAMES MADDOX, Respondents On Petition for Review from The Eighth Court of Appeals at El Paso, Texas APPENDIX 1. Summary Judgment...................................................................................... Tab 1 2. Opinion of the El Paso Court of Appeals..................................................... Tab 2 3. Judgment of the El Paso Court of Appeals ................................................. Tab 3 PETITIONERS’ BRIEF ON THE MERITS 35
Page 1 and 2: NO. 08-0589 IN THE SUPREME COURT OF
Page 3 and 4: RESPONDENT: BUILDING MATERIALS CORP
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: has not judicially accepted the sin

Petitioners' Brief on the Merits - Supreme Court of Texas

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