in Re Ben E. Keith Company D/B/A Ben E. Keith Foods

  COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-04-392-CV

IN RE BEN E. KEITH COMPANY                                                   RELATOR

D/B/A BEN E. KEITH FOODS

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ORIGINAL PROCEEDING

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MEMORANDUM OPINION¹

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        The court has considered relator's emergency petition for writ of mandamus and is of the opinion that relief should be denied.  Accordingly, relator's emergency petition for writ of mandamus is denied.

        Relator shall pay all costs of this original proceeding, for which let execution issue.

                                                                  PER CURIAM

PANEL A: CAYCE, C.J.; LIVINGSTON and MCCOY, JJ.

MCCOY, J. would request a response.

DELIVERED: December 14, 2004

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NOTES

1. See Tex. R. App. P. 47.4.