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DISCOVERY OPERATING, INC. v. BASKIN

No. 08-93-00070-CV.

855 S.W.2d 884 (1993)

DISCOVERY OPERATING, INC., Relator, v. The Honorable Pat M. BASKIN, Senior District Judge, 142nd Judicial District Court of Midland County, Texas, Respondent.

Court of Appeals of Texas, El Paso.

June 9, 1993.

Attorney(s) appearing for the Case

James V. Hammett, Jr., Scott, Douglass & Luton, Houston, for relator.

David L. Orr, Johnson & Gibbs, Austin, John A. `Jad' Davis, Kemp, Smith, Duncan & Hammond, Midland, Jeff Armstrong, Johnson & Gibbs, Austin, for respondent.

Before KOEHLER, BARAJAS and LARSEN, JJ.

OPINION

KOEHLER, Justice.

This is an original proceeding in mandamus relating to an objection to the assignment of a retired judge under Tex. Gov't.Code Ann. § 74.053 (Vernon Supp. 1993), and his refusal to remove himself from the case. Three questions are involved: First, did the Relator stipulate that it would waive its right to object to the assignment of the regular judge to preside over the trial of the case after the judge retired; second, assuming...

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