ESSEX CRANE RENTAL CORP. v. KITZMAN

No. 01-86-0840-CV.

723 S.W.2d 241 (1986)

ESSEX CRANE RENTAL CORPORATION, Relator, v. Honorable Oliver S. KITZMAN, Respondent.

Court of Appeals of Texas, Houston (1st Dist.).

December 30, 1986.


Attorney(s) appearing for the Case

Maurice Bresenhan, Jr., Campbell, Athey, Zukowski & Bresenhan, Houston, for relator.

Terri Lynn Barziza, Kain & Reedy, Houston, for respondent.

Before DUGGAN, LEVY and HOYT, JJ.


OPINION

DUGGAN, Justice.

Relator seeks a writ of mandamus to compel respondent to set aside its order quashing the deposition of Mr. J.T. Butters. We conditionally grant the writ.

Essex Crane Rental Corporation ("Essex") filed the underlying suit in the 155th District Court of Waller County against Dreco, Inc. ("Dreco") for breach of a lease agreement. The dispute arose when a crane under lease to Dreco was damaged while in operation. The controversy...

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