In re BJ Services Company, J.W. Stewart, John R. Huff, Michael E. Partrick, Don D. Jordan, William H. White, L. William Heiligbrodt,James L. Payne, and Baker Hughes Incorporated--Appeal from 80th District Court of Harris County

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Opinion issued August 4, 2010 In The Court of Appeals For The First District of Texas NO. 01-09-00900-CV IN RE BJ SERVICES COMPANY, J.W. STEWART, JOHN R. HUFF, MICHAEL E. PATRICK, DON D. JORDAN, WILLIAM H. WHITE, L. WILLIAM HEILIGBRODT, JAMES L. PAYNE, and BAKER HUGHES INCORPORATED, Relators Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINION By petition for writ of mandamus, relators sought relief from the trial court s order refusing to stay the trial court proceedings1 pending adjudication of an 1 The underlying case is Garden City Employees Retirement System v. BJ Services Company, et al., No. 2009-57320 in the 80th District Court of Harris County, Texas, the Hon. Larry Weiman, presiding. 1 earlier-filed case in Delaware. On July 15, 2010, relators moved to dismiss the petition for writ of mandamus as moot, contending that the parties entered into a Stipulation and Agreement of Compromise, Settlement and Release dated April 30, 2010 and that the dispute underlying this proceeding has been finally resolved and is now moot. We dismiss the petition for writ of mandamus. Any pending motions are also dismissed as moot. PER CURIAM Panel consists of Chief Justice Radack and Justices Bland and Sharp. 2

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