Legal Opinion

Martha Kight Dutcher v. Dutcher-Phipps Crane & Rigging, Inc.

Texas Court of Appeals, 8th District (El Paso)

Decided April 13, 2016No. 08-15-00202-CVPublishedCited by 1 opinion

1Opinion of the Court

OPINION

YVONNE T. RODRIGUEZ, Justice

At stake in this case is the ownership of 400 shares of common stock of a privately-held company, Dutcher-Phipps Crane & Rigging, Inc.

For many years, Dutcher-Phipps was owned equally by two family limited partnerships, The P.K. Dutcher Family Limited Partnership (hereinafter, “Dutcher FLP”) and The R.C. Phipps Family Limited Partnership, each controlling 2000 shares. Dutcher FLP was formed in May 1998, when Paul K. Dutcher and two of his children, Kenneth J. Dutcher and Robin L. Erwin, transferred their Dutcher-Phipps common stock in exchange for partnership…

2Cases cited9 opinions

  1. Cherokee Water Co. v. ForderhauseTexas Supreme Court · 1987
  2. Hydroscience Technologies, Inc v. Hydroscience, Inc, Whitehall Corp, Aviation Sales Company, Texas Court of Appeals, 5th District (Dallas)2013
  3. Greenspun v. GreenspunCourt of Appeals of Texas · 1946
  4. Greenspun v. GreenspunTexas Supreme Court · 1946
  5. Simpson v. Curtis, Texas Court of Appeals, 12th District (Tyler)2010

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3Cited by1 opinion

  1. Inwood National Bank and Inwood Bancshares, Inc. v. D. Kyle Fagin, Individually and as Trustee and Beneficiary of the D. Kyle Fagin Qualified Subchapter S TrustTexas Supreme Court · 2025

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