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IN RE SERVICE CORPORATION INTERN.

No. 01-0650.

85 S.W.3d 171 (2002)

In re SERVICE CORPORATION INTERNATIONAL, Robert L. Waltrip, L. William Heiligbrodt, and George R. Champagne, Relators.

Supreme Court of Texas.

August 29, 2002.

Attorney(s) appearing for the Case

Michael D. Hopkins, Bracewell & Patterson, Houston, Herman E. Bate, Fenley & Bate, Lufkin, Michael J. Truncale, Orgain Bell & Tucker, Beaumont, C. Thomas Kruse, J. Clifford Gunter, III, Bracewell & Patterson, Houston, Martha R. Campbell, Orgain Bell & Tucker, Beaumont, Tracy C. Temple, Bracewell & Patterson, Houston, Justice Greg Abbott, Bracewell & Patterson, Austin, Warren W. Harris, Bracewell & Patterson, Houston, for Relators.

Mark L.D. Wawro, Susman Godfrey, Houston, Gregory S. Coleman, Weil, Gotshal & Manges, Austin, Harry Paul Susman, Susman Godfrey, Houston, George Chandler, Chandler Law Offices, Lufkin, for Respondent.

PER CURIAM.

Relators in this original mandamus proceeding are the four defendants in both a federal court class action involving only federal law claims and a state court action involving only state law claims. Both actions raise similar but not identical factual allegations of securities fraud in a merger transaction. The two plaintiffs in the state court action are members of the class in federal court. At least one of the plaintiffs in state court is bound by an...

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