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SMITH v. CALDWELL

No. 01-87-00433-CV.

754 S.W.2d 692 (1987)

J. Mike SMITH, Relator, v. The Hon. Neil CALDWELL, Judge of the 23rd District Court of Brazoria County, Respondent.

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

Rehearing Denied June 30, 1988.

Attorney(s) appearing for the Case

Jon Mercer, Houston, for relator.

Steve Stewart, Patricia Beaujean, Jenkens, Gilchrist & Heath, Houston, for real parties in interest.

Neil Caldwell, Judge, 23rd District Court, Angleton, for respondent.

Before EVANS, C.J., and SAM BASS and DUGGAN, JJ.

OPINION

EVANS, Chief Justice.

The relator, J. Mike Smith, seeks a writ of mandamus to compel the Honorable Neil Caldwell, Judge of the 23rd Judicial District Court of Brazoria County, to rescind an order denying Smith's plea in abatement and to dismiss a suit against Smith brought by the Bank of Brazoria. The Federal Deposit Insurance Corporation, in its corporate capacity as liquidator of the bank's assets, has...

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