Brunswick Corp. v. Bush

OPINION

FARRIS, Justice.

Brunswick Corporation and ICO Transitory, Inc. (collectively Brunswick) appeal an order of the trial court certifying as a class the shareholders of ICO, Inc. (ICO). See Tex.R.Civ.P. 42. Brunswick appeals for essentially three reasons: (1) this court’s prior opinion in Bush v. Brunswick Corp., 783 S.W.2d 724 (Tex.App.—Fort Worth 1989, writ denied) is not controlling with regard to all shareholders of ICO; (2) all shareholders of ICO are not third-party beneficiaries with a right to sue under the Merger Agreement; and (3) holding that all shareholders of ICO are not…