# LUTHERNA BROTH. v. Kidder Peabody & Co., Inc.

> Court of Appeals of Texas · March 31, 1992 · 829 S.W.2d 300

URL: https://www.frixlaw.com/law-library/cases/9654877

## Case

- **Full name:** LUTHERAN BROTHERHOOD, American General Life Insurance Company, the Variable Annuity Life Insurance Company, Signal Capital Corporation, Creditanstalt-Bankverein, Sprout Growth Limited, Sprout Growth, LP, and DLJ Venture Capital Fund II, LP, Appellants, v. KIDDER PEABODY & COMPANY, INC., Appellee
- **Court:** Court of Appeals of Texas
- **Decided:** March 31, 1992
- **Citations:** 829 S.W.2d 300; 1992 Tex. App. LEXIS 815; 1992 WL 59632
- **Precedential status:** Published
- **Opinion:** Concurrence by Bleil
- **Judges:** Cornelius, C.J., and Bleil and Grant
- **Cited by:** 31 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9654877

## Opinion text

*311 BLEIL, Justice,
concurring.
I agree that there are fact issues raised by the summary judgment evidence and that the summary judgment should not have been granted. Having said that, I decline to join in those sections of the Court’s opinion entitled “PLAINTIFFS’ WARRANTIES,” “BREACH OF FIDUCIARY DUTY AND CONSTRUCTIVE FRAUD,” and “CHOICE OF LAW” because I do not believe those sections are necessary for the proper disposition of this appeal. Thus, I join in reversing the judgment and remanding the cause for trial.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9654877. Public record. Not legal advice.