With no explanation, chose the best option from "A", "B", "C" or "D". include those whose interests are represented by a party to the action); see also Nathan, 651 F.2d at 1226 (“[I]n shareholder derivative actions arising under [Federal Rule of' Civil Procedure] 23.1, parties and their privies include the corporation and all nonparty shareholders.”); Mass. v. Davis, 140 Tex. 398, 168 S.W.2d 216, 221 (1942) (recognizing that when an injury occurs to a corporation, “each shareholder suffers relatively in proportion to the number of shares he owns, and each will be made whole if the corporation obtains restitution or compensation from the wrongdoer”). The trial court’s final judgment recognized this privity by binding both Lapiner and the plaintiffs to its terms. See Johnson v. Johnson, 841 S.W.2d 114, 115 (Tex.App.-Houston [14th Dist.] 1992, no writ) (<HOLDING>). Citing BJVSD Bird Family Partnership, L.P. v.

A: holding that fraud claim requires proof that the defendant made a material representation that was false
B: recognizing doctrine
C: holding that a court is not bound by a lower tribunals decision under the law of the case doctrine
D: holding doctrine of virtual representation requires appellant to show he is bound as a privy to the judgment
D.