Legal Opinion

Clark v. Strayhorn

Texas Court of Appeals, 3rd District (Austin)

Decided February 3, 2006No. 03-05-00212-CVPublishedCited by 34 opinions

1Opinion of the Court

OPINION

BEA ANN SMITH, Justice.

Appellants Charles H. Clark and Elizabeth Hajek (collectively, Clark) filed suit in Travis County alleging that the Comptroller’s failure to pay interest when returning unclaimed property was an unconstitutional taking. See U.S. Const, amend. V; Tex. Const, art. I, §§ 17, 19; Tex. Prop.Code Ann. §§ 72.001-74.710 (West 1995 & West Supp.2005) (Unclaimed Property Act). Clark moved to certify a class including all persons who had received payment for a claim exceeding $100 under the unclaimed property act. After a hearing on certification and the viability of Clark’s…

2Cases cited21 opinions

  1. Fitzgerald v. Advanced Spine Fixation Systems, Inc.Texas Supreme Court · 1999
  2. Webb's Fabulous Pharmacies, Inc. v. BeckwithSupreme Court of the United States · 1980
  3. Texaco, Inc. v. ShortSupreme Court of the United States · 1982
  4. Phillips v. Washington Legal FoundationSupreme Court of the United States · 1998
  5. Standard Oil Co. v. New JerseySupreme Court of the United States · 1951

16 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. In Re Lease Oil Antitrust LitigationCourt of Appeals for the Fifth Circuit · 2009
  2. DANI v. MILLERSupreme Court of Oklahoma · 2016
  3. David Ohrt, Sandra Hester, and Judy Sinast v. Union Gas Corporation, Texas Court of Appeals, 13th District2012
  4. Arnett Ex Rel. Estate of Arnett v. StrayhornDistrict Court, W.D. Texas · 2006
  5. Cwik v. TopinkaAppellate Court of Illinois · 2009

29 more not listed; retrieve them via the Exa API.

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