IN RE: EUROPEAN MOTORCYCLE CORPORATION AG AND HARALD STAUDER--Appeal from 214th District Court of Nueces County

NUMBER 13-05-347-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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IN RE EUROPEAN MOTORCYCLE CORPORATION, AG

AND HARALD STAUDER

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On Petition for Writ of Mandamus

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Hinojosa and Ya ez

Per Curiam Memorandum Opinion

On May 27, 2005, relators, European Motorcycle Corporation AG and Harald Stauder, filed a petition for writ of mandamus and a motion for emergency stay in the above cause. The Court granted the motion for emergency stay. The real parties-in-interest subsequently filed an Emergency Motion to Vacate Stay. Upon review, the Court lifted the stay.

On May 31, 2005, the real parties-in-interest filed a response to relator s petition for writ of mandamus. Having reviewed the petition and response, this Court is of the opinion that relator s petition for writ of mandamus should be denied.

Accordingly, petitioner s writ of mandamus is denied.

PER CURIAM

Memorandum Opinion delivered and filed

this 31st day of May, 2005.