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IN RE TEXAS NATURAL RESOURCE CONSERVATION COM'N

No. 02-0450.

85 S.W.3d 201 (2002)

In re TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, Relator.

Supreme Court of Texas.

August 30, 2002.

Attorney(s) appearing for the Case

John Cornyn, Attorney General, Howard G. Baldwin, First Assistant Attorney General, Jeffrey S. Boyd, Karen Watson Kornell, Cynthia Woelk, George Thomas Bohl, Brian E. Berwick, Office of the Attorney General of Texas, Austin, for Relator.

Richard W. Lowerre, Lowerre & Kelly, R. Lambeth Townsend, Lloyd, Gosselink, Fowler, Blevins & Mathews, Kassandra G. McLaughlin, Martin C. Rochelle, Austin, Beth Ann Blackwood, Koledey, Thomas & Blackwood, Tom M. Thomas, Thomas, Sheehan & Culp, LLP, Dallas, for Respondent.

Justice JEFFERSON delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice HECHT, Justice ENOCH, Justice OWEN, and Justice RODRIGUEZ joined.

The issue in this original mandamus proceeding is whether a district court may extend a temporary restraining order by forty-two days without the restrained party's consent. Because the district court abused its discretion and the relator does not have an adequate remedy by appeal, we conditionally granted...

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