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MITCHELL ENERGY CORP. v. ASHWORTH

No. 96-0967.

943 S.W.2d 436 (1997)

MITCHELL ENERGY CORPORATION, Relator, v. Honorable Clyde R. ASHWORTH, and the Honorable Catherine Adamski Gant, Respondents.

Supreme Court of Texas.

Decided April 18, 1997.

Attorney(s) appearing for the Case

Thomas W. Luce, III, R. Doak Bishop, Dallas, Michael S. Truesdale, Austin, Jack O'Neill, Houston, H. Carter Burdette, Ralph H. Duggins, Sloan B. Blair, Anne Gardner, Kleber C. Miller, Fort Worth, for Relator.

William L. Kirkman, Fort Worth, William R. Keffer, Paul S. Leslie, Joseph W. Spence, J. Randall Miller, Dallas, W. T. Womble, Houston, Michael A. Simpson, Bridgeport, Cynthia Hollingsworth, Dallas, for Respondents.

GONZALEZ, Justice, delivered the opinion for a unanimous Court.

This original mandamus proceeding concerns the construction of Section 74.053 of the Texas Government Code, which allows parties to a lawsuit to object to the assignment of a "former judge or justice who was not a retired judge." TEX. GOV'T CODE § 74.053(d). The primary issue is whether, for the purpose of this statute, the status of a judge as a "former judge ... who was not a retired judge" is...

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