In Re: Progressive Systems LLC, Nest USA, Marwan Atalla and Babur Ozden--Appeal from 334th District Court of Harris County

Petition for Writ of Mandamus Denied and Memorandum Opinion filed December 1, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-01164-CV

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IN RE PROGRESSIVE SYSTEMS, LLC, NEST USA, INC.,

MARWAN ATALLA, and BABUR OZDEN, Relators

ORIGINAL PROCEEDING

M E M O R A N D U M O P I N I O N

On November 17, 2005, relators, Progressive Systems, LLC, Nest USA, INC., Marwan Atalla, and Babur Ozden filed a petition for writ of mandamus in this court. See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52 . Relators also filed a motion for an emergency stay, which we denied on November 23, 2005.

Relators have failed to establish they are entitled to mandamus relief. Accordingly, we deny relators= petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed December 1, 2005.

Panel consists of Justices Fowler, Edelman and Guzman.