In re Avery Pharmaceuticals, Inc. and Al Sankary--Appeal from 96th District Court of Tarrant County

  COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-222-CV

IN RE AVERY PHARMACEUTICALS, INC. RELATORS

AND AL SANKARY

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ORIGINAL PROCEEDING

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MEMORANDUM OPINION[1]

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The court has considered relators=petition for writ of mandamus and is of the opinion that relief should be denied. Accordingly, relators=petition for writ of mandamus is denied.

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

PER CURIAM

PANEL B: HOLMAN, LIVINGSTON, and DAUPHINOT, JJ.

LIVINGSTON, J. is of the tentative opinion that relators are entitled to the relief sought on the issue of net worth, and would request a response.

DELIVERED: August 19, 2005

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