In re Charles W. Jackson--Appeal from of County

11th Court of Appeals

Eastland, Texas

Memorandum Opinion

In re Charles W. Jackson

No. 11-04-00280-CV -- Original Mandamus Proceeding

This is an original mandamus proceeding concerning the failure of the trial court judge to grant the discovery of records sought by relator, Charles W. Jackson, in his suit against United Supermarkets, Ltd., formerly d/b/a United Supermarkets, Inc. The trial court granted in part and denied in part relator s motion and supplemental motion requiring United to furnish records, and relator brought this mandamus proceeding to compel the trial court to order the discovery sought in this age discrimination case. We deny relator s petition for writ of mandamus.

In response to the petition for writ of mandamus and its appendixes, United filed in this court a motion to strike certain affidavits that were contained in the appendixes. The affidavits were made by relator and his counsel. We deny United s motion to strike; but we note that, in our consideration of the petition for writ of mandamus, we considered only the evidence and affidavits that were properly part of the record in this case.

We also deny relator s request for emergency relief. Since we are this day denying the petition for writ of mandamus, relator s request for an order to continue and stay the underlying proceedings in the trial court is moot and is, therefore, denied.

The petition for writ of mandamus and all other relief requested is denied.

PER CURIAM

January 6, 2005

Not designated for publication. See TEX.R.APP.P. 47.2(a).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.