Roque Cruz and Rosaura Cruz, Individually and as Next Friends for Rosibel Cruz, Alvaro Cruz and Perla Evelyn Cruz, Minor Children v. Ben H. Carpenter

JERRY E. SMITH, Circuit Judge:

We are asked to decide whether the plaintiffs can prosecute a derivative action against seven former directors and officers of a now-defunct corporation, irrespective of a two-year statute of limitations obstructing continuation of this suit. Con- eluding that Texas law does not permit tolling of the limitations period under the facts herein presented, we affirm the judgment of the district court.

I

Three minor children of the Cruz family were seriously injured when a taxicab, operated by Metropolitan Transport Services, Inc. (“Metropolitan”), lost control and…