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RIO HONDO IMPLEMENT CO. v. EURESTI

No. 13-95-191-CV.

903 S.W.2d 128 (1995)

RIO HONDO IMPLEMENT COMPANY, Relator, v. The Honorable Benjamin EURESTI, Jr., Presiding Judge of the 107th District Court, Respondent.

Court of Appeals of Texas, Corpus Christi.

July 13, 1995.

Attorney(s) appearing for the Case

W. Michael Fisher, Wiech & Black, Brownsville, Bruce W. Hodge, Hodge & James, Harlingen, Willette & Aguilar, Brownsville, William A. Abernethy, Meredith, Donnell & Abernethy, Corpus Christi, for interested parties.

Roger W. Hughes, Patricia Kelly, Adams & Graham, Harlingen, for relator.

Before DORSEY, FEDERICO G. HINOJOSA, Jr., and RODRIGUEZ, JJ.

OPINION

FEDERICO G. HINOJOSA, Jr., Justice.

This mandamus action concerns the propriety of the trial court's order denying Rio Hondo Implement Company's motion to disqualify plaintiff's counsel, Hodge & James. Rio Hondo sought to disqualify plaintiff's counsel on two bases: 1) the joint defense counsel privilege and 2) that James would be a material witness in the trial. The plaintiffs and real parties in interest, George and Frances Nixon d/b/a/ Nixon...

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