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IN RE SOUTHWEST AIRLINES CO.

No. 04-04-00700-CV.

155 S.W.3d 622 (2004)

In re SOUTHWEST AIRLINES CO.

Court of Appeals of Texas, San Antonio.

December 29, 2004.

Attorney(s) appearing for the Case

J. Joe Harris, Bracewell & Patterson, L.L.P., San Antonio, for appellant.

L.H. Steven Savola, Ferraro & Associates, P.A., Miami, FL, Bruce J. Mery, San Antonio, for appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice.

OPINION

Opinion by ALMA L. LÓPEZ, Chief Justice.

The issue presented in this mandamus proceeding is whether the offensive-use doctrine precludes the plaintiffs in the underlying lawsuit from asserting the attorney-client privilege in an effort to resist certain discovery sought by Southwest Airlines Co. We hold that the trial court abused its discretion in denying Southwest's motion to compel because...

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