In re American Eagle Wheel Corp.--Appeal from County Court of Atascosa County

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: September 1, 2004

PETITION FOR WRIT OF MANDAMUS DENIED

The court has considered relator's petition for writ of mandamus filed on June 15, 2004, the response filed by the real parties in interest and the replies filed by relator and the real parties in interest. The court is of the opinion that relief should be denied. Accordingly, relator's petition for writ of mandamus is denied. Relator shall pay all costs incurred in this proceeding.

PER CURIAM

1. This original proceeding arises out of Cause No. 6445 styled Jeanette Palomo, Individually and as Representative of the Estate of Ricardo Palomo, Deceased, et al. v. Discount Tire Co. of Texas and American Eagle Wheel Corp., pending in the County Court, Atascosa County, Texas, the Honorable Diana J. Bautista, presiding.