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VENTURA v. BANALES

No. 13-95-224-CV.

905 S.W.2d 423 (1995)

Jean VENTURA, Billie Green, Margaret Davis, Jack Martin, Anice Martin, Jean Lavota, and John Lavota, Sr., Relators, v. The Honorable J. Manuel BANALES, Judge, 105th Judicial District Court, Nueces County, Texas, Respondent.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled September 7, 1995.

Attorney(s) appearing for the Case

Gilberto Hinojosa, Magallanes, Sokat & Hinojosa, Brownsville, James H. Robichaux, Matthews & Branscomb, Corpus Christi, Andrew C. Schirrmeister, III, Zummo & Schirrmeister, Houston, for Intervenor.

Robert D. Kizer, Corpus Christi, for Relators.

J. Manuel Banales, Corpus Christi, for Respondent.

Before SEERDEN, C.J., and DORSEY and HINOJOSA, JJ.

OPINION

SEERDEN, Chief Justice.

In this mandamus proceeding, relators, Jean Ventura and other representative members of a class of plaintiffs, contend that the trial court abused its discretion in failing to dismiss their lawsuit against Valero Refining Company, the real party in interest. We conditionally grant a writ of mandamus.

In June 1994, the relators filed a class action lawsuit against Valero for injuries to a class of surrounding residents...

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