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The guardian's right to control a suit does not necessarily follow from the mere fact that the individual serving as guardian is a party to the suit in his or her individual capacity as well. Further, there is no general definition of privity that can be applied in all res judicata cases, and the court should examine the circumstances of each case.
November 03, 2003 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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