IN RE: GRACO CHILDREN'S PRODUCTS, INC. AND NEWELL RUBBERMAID, INC.--Appeal from 398th District Court of Hidalgo County

   NUMBER 13-05-331-CV

   COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

  CORPUS CHRISTI  - EDINBURG

IN RE: GRACO CHILDREN=S PRODUCTS, INC.

AND NEWELL RUBBERMAID, INC.

On Petition for Writ of Mandamus

  MEMORANDUM OPINION 

Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam

Relator, Graco Children=s Products, Inc., and Newell Rubbermaid, Inc., filed a petition for writ of mandamus in the above cause on May 18, 2005. Pursuant to a request from this Court, the real party in interest filed a response to the petition for writ of mandamus on May 31, 2005. Relator filed a reply thereto on June 2, 2005.

The Court, having examined and fully considered the petition for writ of mandamus, response, and reply, is of the opinion that relator has not shown himself entitled to the relief sought. Accordingly, the stay of the trial court proceedings is hereby ordered LIFTED. The petition for writ of mandamus is DENIED. See Tex. R. App. P. 52.8(a).

PER CURIAM

Memorandum Opinion delivered

and filed this the 16th day of June, 2005.