IN THE SUPREME COURT OF TEXAS



No. 98-0601



Phi Delta Theta Company d/b/a phi delta theta fraternity, et al., Petitioners



v.



Edward Lockwood moore iii, Respondent



On Petition for Review from the

Court of Appeals for the First District of Texas





Justice Owen, dissenting to the improvident grant.





I agree with Justice Enoch that this case presents an important issue that the Court should consider. Accordingly, I also join in dissenting from the denial of this petition. However, I reserve judgment on the merits of the issue presented in this case.







__________________________________________

Priscilla R. Owen

Justice







OPINION DELIVERED: July 1, 1999