In re Ruben S. Martin III--Appeal from 215th District Court of Harris County

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Opinion issued November 14, 2008 In The Court of Appeals For The First District of Texas NO. 01-08-00782-CV IN RE RUBEN S. MARTIN III, Relator Original Proceeding On Petition For Writ Of Mandamus MEMORANDUM OPINION 1 By petition for writ of mandamus, relator, Ruben S. Martin III, seeks mandamus relief ordering the trial court to dismiss the derivative claims from the 1 The underlying case is Scott D. Martin and SKM Partnership, Ltd. Individually and as Shareholders on Behalf of Martin Resources Management Corporation v. Martin Resource Management Corporation, Ruben S. Martin III, Robert Bondurant, Donald R. Neumeyer, Wesley M. Skelton, Stephen Wes Martin, Et Al., Cause No. 2008-53948, in the 215th Judicial District Court of Harris County, Texas, the Hon. Levi Benton, presiding. original petition. Alternatively, he seeks dismissal of the entire suit. We deny the petition for writ of mandamus. Per Curiam Panel consists of Justices Taft, Keyes, and Alcala. 2

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