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BHP PETROLEUM CO., INC. v. MILLARD

No. C-9504.

800 S.W.2d 838 (1990)

BHP PETROLEUM COMPANY INC., Relator, v. The Honorable Richard W. MILLARD, Judge, Respondent.

Supreme Court of Texas.

Rehearing Overruled January 23, 1991.

Attorney(s) appearing for the Case

Stephen D. Susman, John B. McArthur, Jon M. Bowden, W. James Kronzer, Houston, Jack D. Sage, Grand Rapids, Mich., for relator.

Thomas R. McDade, Layne E. Kruse, Roger Townsend, Houston, for respondent.

OPINION

HIGHTOWER, Justice.

In this original proceeding, Relator BHP Petroleum Company, Inc. (BHP) seeks a writ of mandamus directing the trial judge to grant its motion for nonsuit and dismiss the entire proceeding including ANR Pipeline Company, Inc.'s counterclaim. We deny the writ of mandamus.

BHP is a producer and seller of natural gas. ANR Pipeline Company, Inc. (ANR), the real party in interest, is engaged in the purchasing, transporting and...

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