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IN RE ALCATEL USA, INC.

No. 98-1243.

11 S.W.3d 173 (2000)

In re ALCATEL USA, INC. f/k/a DSC Communications Incorporated, Relator.

Supreme Court of Texas.

Argued December 1, 1999.

Decided January 6, 2000.

Attorney(s) appearing for the Case

Timothy S. Durst, Dallas, Bob E. Shannon, Austin, Joseph D. Cheavens, Houston, Joseph R. Knight, Joe R. Greenhill, Austin, Samara L. Kline, Dallas, Scott Partridge, Houston, Michael P. Lynn, Eric W. Pinker, John Jesse Kendrick, Robert E. Goodfriend, Dallas, for relator.

R. Laurance Macon, San Antonio, Jack Hightower, Austin, David J. Healey, Houston, Nina Cortell, Dallas, Lynne Liberato, Houston, Mike A. Hatchell, Tyler, Stephan B. Rodgers, Karen Kroesche Gulde, Melanie Goins Cowart, San Antonio, Ana E. Kadala, Stephen L. Lundwall, Houston, Sharon N. Freytag, Debra Janece McComas, Dallas, for respondent.

Justice ABBOTT delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice HECHT, Justice OWEN and Justice GONZALES join.

The issue in this mandamus proceeding is whether the trial court abused its discretion by allowing DSC Communications1 to take the apex depositions of two high-level Samsung executives. The court of appeals conditionally granted mandamus relief, concluding that DSC failed to prove that the executives...

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