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IN RE SEARS, ROEBUCK AND CO.

No. 14-03-00385-CV.

123 S.W.3d 573 (2003)

In re SEARS, ROEBUCK AND CO.

Court of Appeals of Texas, Houston (14th Dist.).

November 5, 2003.

Attorney(s) appearing for the Case

Robert E. Thackston, Stephanie L. Spardone, Dallas, and David M. Gunn, Houston, for relator.

Arthur R. Almquit, Charles Herd, Kevin Phillip Parker, Patrick N. Haines, W. Mark Lanier, William Book, Houston, Bretton Craig Gerard, Addison, David Taylor, Laura Ann Frase, Melvin David Bailey, Dallas, Frank Albright Poff Jr., Texarkana, Gail C. Jenkins, Beaumont, for respondents.

Panel consists of Chief Justice SCOTT BRISTER and Justices EDELMAN and GUZMAN.

OPINION

SCOTT BRISTER, Chief Justice.

Twice in the last ten years the Supreme Court of Texas has granted the extraordinary writ of mandamus in circumstances just like those here. Both times, the Court intervened in asbestos litigation when the trial court compelled discovery relating to products the plaintiffs never used for time periods they were not employed. See In re American Optical Corp., 988 S.W.2d 711, 713...

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