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reference. We note that the stipulation of facts was not
signed by or on behalf of participating partners Wayne H.
Caldwell or John P. Haddock, Jr. We also note that, at
trial, the parties orally agreed that a document entitled
"Stipulation of Facts Pursuant to Rule 122" should be
included in the record of this case. Hereinafter, we
refer to that document as the Rule 122 stipulation.
An evidentiary hearing was held on the subject cross-
motions to dismiss, and the parties presented testimonial
and documentary evidence in support of their motions.
Thereafter, the parties filed post-hearing briefs. The
following findings of fact are based upon the record of the
evidentiary hearing, the stipulation of facts, and the Rule
122 stipulation filed by the parties.
At the time the petition was filed, the Wayne Caldwell
Escrow Partnership (partnership) was a general partnership
organized and existing under the laws of the State of
Texas. The partnership's mailing address was in Dallas,
Texas, at the office address of one of its partners,
Mr. Wayne H. Caldwell, who was also a certified public
accountant.
The partnership had been formed in 1983 by
Mr. Caldwell for the purpose of leasing and distributing
laser disks and copies of movies. The activities of the
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