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IN RE TEREX CORP.

No. 08-03-00438-CV.

123 S.W.3d 673 (2003)

In re TEREX CORPORATION, Terex Cranes, Inc., Harnischfeger Corporation, Anthony Crane Rental d/b/a Maxim Crane Works, Curtis Shiflet, David Keener, Keith Clark, and Crane & Rigging Consultants, Inc., Relators.

Court of Appeals of Texas, El Paso.

November 25, 2003.

Attorney(s) appearing for the Case

M. Mitchell Moss, Robles, Bracken, Coffman & Hughes, L.L.P., El Paso, for relator.

Max Higgs, Judge, Probate Court, El Paso, respondent.

John P. Mobbs, J. Roberto Oaxaca, Oaxaca, Bernal & Associates, El Paso, John H. Dies, Oldenettle & Associates, P.C., Houston, R. Chris Harvey, Gwinn & Roby, Dallas, William F. O'Rourke, Klitas & Vercher, P.C., Houston, Steven C. Laird, Fort Worth, for other interested parties.

Before Panel No. 2 BARAJAS, C.J., McCLURE, and CHEW, JJ.

OPINION ON PETITION FOR WRIT OF MANDAMUS

ANN CRAWFORD McCLURE, Justice.

This is an original proceeding in mandamus. Relators seek a writ of mandamus requiring the Honorable Max Higgs, Judge of the El Paso County Probate Court, to vacate his September 22, 2003 order transferring cause number 048-187504-01, styled Matilde C. Talavera, Individually and as Representative of the Estate of Emilio C...

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