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IN RE MISSOURI PACIFIC R. CO.

No. 12-97-00361-CV.

970 S.W.2d 47 (1998)

In re MISSOURI PACIFIC RAILROAD COMPANY d/b/a Union Pacific Railroad Company, Relator.

Court of Appeals of Texas, Tyler.

March 26, 1998.

Attorney(s) appearing for the Case

Deborah A. Newman, for relator.

Daniel J. Cohen, Charles W. Nichols, for real parties in interest.

Terry L. Calhoon, pro se.

Before RAMEY, C.J., and HOLCOMB and HADDEN, JJ.

OPINION AFTER MOTION FOR REHEARING

RAMEY, Chief Justice.

On January 30, 1998, this Court delivered an opinion conditionally granting Relator's Petition for writ of mandamus. Thereafter on February 17, 1998, Carl A. Ellis, the Real Party in Interest, filed a motion for rehearing. Having considered Ellis' motion for rehearing, Relator's Response, and Ellis' reply thereto, we overrule the motion, but withdraw our opinion of January 30, 1998, and substitute...

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