In re BNSF Railway Company--Appeal from 152nd District Court of Harris County

Opinion issued August 23, 2007

In The

Court of Appeals

For The

First District of Texas

NO. 01-07-00673-CV

IN RE BNSF RAILWAY COMPANY, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

On August 10, 2007, by petition for writ of mandamus, relator, BNSF Railway Company, challenged the trial court's (1) July 5, 2007 order compelling responses to plaintiff's second motion for production and the trial court's August 3, 2007 order that relator comply with the court's prior order no later than August 10, 2007. Relator also moved for a stay of the underlying proceedings.

We deny the motion for emergency temporary relief.

We deny the petition for writ of mandamus.

Panel consists of Chief Justice Radack and Justices Taft and Keyes.

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