In re Bottling Group, L.L.C. d/b/a Pepsi Bottling Group or Pepsi-Cola Bottling Group and New Bern Transport Corp, f/k/a NB Transport, Inc.--Appeal from 342nd District Court of Tarrant County

  COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-06-286-CV

IN RE BOTTLING GROUP, L.L.C. RELATORS

D/B/A PEPSI BOTTLING GROUP OR

PEPSI COLA BOTTLING GROUP AND

NEW BERN TRANSPORT CORP,

F/K/A NB TRANSPORT, INC.

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ORIGINAL PROCEEDING

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MEMORANDUM OPINION[1]

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The court has considered relators=petition for writ of mandamus and motion for emergency stay and is of the opinion that relief should be denied. Accordingly, relators=petition for writ of mandamus and motion for emergency stay are denied.

Relators shall pay all costs of this original proceeding, for which let execution issue.

PER CURIAM

PANEL A: DAUPHINOT, J.; CAYCE, C.J.; and MCCOY, J.

DELIVERED: August 25, 2006

[1]See Tex. R. App. P. 47.4.