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EIKENBURG v. WEBB

Nos. 01-93-00278-CV, 01-93-00284-CV.

880 S.W.2d 781 (1993)

John J. EIKENBURG, Relator, v. The Honorable Robert S. WEBB, III, Judge of the 312th District Court, Harris County, Texas, Respondent. Katherine TYRA, District Clerk, Harris County, Texas, Relator, v. The Honorable John MONTGOMERY, Judge of the 309th District Court, Harris County, Texas, Respondent.

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

May 10, 1993.

Attorney(s) appearing for the Case

Cheryle R. Johnston, John Eikenburg, Houston for relator.

Robin M. Ziek, C. Don Gutmann, David Gray, John Miller Denton, Houston for respondent.

Before DUNN, WILSON and SAM BASS, JJ.

OPINION

SAM BASS, Justice.

The Court today considered two mandamus proceedings, both involving a dispute over which of two Harris County, family district courts has authority to disburse a fund of $49,064.45. Katherine Tyra, District Clerk for Harris County, Texas, brings the first mandamus proceeding, and John J. Eikenburg brings the other.

This dispute arose when Eikenburg, acting as a receiver, in cause number. 88-11010-A, in the 309th District...

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