Court of Appeals of Texas August 7, 1981, 20709 (Russell v. Clark)

STEPHENS, Justice.

This is a suit for libel resulting from a letter written by defendant, a practicing attorney, to plaintiffs’ investors seeking evidence for use in pending litigation. The trial court granted defendant’s motion for summary judgment from which plaintiffs appeal. The controlling question is whether the letter is absolutely privileged. We conclude that it is, and affirm.