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ROBERTSON v. GREGORY

No. C14-83-612CV.

663 S.W.2d 4 (1983)

Corbin J. ROBERTSON, et al., Relators, v. Honorable Pat GREGORY, Judge of the Probate Court No. 2 of Harris County, Texas.

Court of Appeals of Texas, Houston (14th Dist.).

October 13, 1983.

Attorney(s) appearing for the Case

Ewing Werlein, Jr., John L. Carter, D. Gibson Walton, Allan Van Fleet, Vinson & Elkins, Joseph D. Jamail, Jamail, Kolius & Mithoff, Mike Driscoll, County Atty., Harris County, Paul E. Harris, Berry Bowen, Andrews & Kurth, Michael S. Wilk, Hirsch & Westheimer, Houston, for relators.

Joe H. Reynolds, Reynolds, Allen & Cook, Houston, Roy Cohn, Saxe, Bacon & Bolan, Washington, D.C., A.R. "Babe" Schwartz, Charles R. Dunn, Wyckoff, Russell, Dunn & Frazier, James Patrick Smith, Smith & Conner, Alvin M. Owsley, Jr., Baker & Botts, R. Bruce LaBoon, Lidell, Sapp, Zively, Brown & LaBoon, Houston, for respondents.

Before MURPHY, ROBERTSON and SEARS, JJ.

ORIGINAL PROCEEDING

ROBERTSON, Justice,

This is an original proceeding in which relators seek a writ of mandamus compelling respondent to set aside an "Order of Transfer to Another County" certain proceedings pending in the Probate Court No. 2 of Harris County, Texas. We conditionally grant the writ.

In view of respondent's brief filed in this court, the issue has been simplified. Other than being of the "opinion that the transfer was discretionary...

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