IN RE KANSAS CITY SOUTHERN INDUSTRIES, INC.

No. 03-0179.

139 S.W.3d 669 (2004)

In re KANSAS CITY SOUTHERN INDUSTRIES, INC.

Supreme Court of Texas.

Decided July 2, 2004.


Attorney(s) appearing for the Case

J. Mitchell Smith and Michael D. Fertitta, Germer Gertz, L.L.P., Beaumont, for Kansas City Southern Industries, Inc.

Garland Keith Grady, Peter Brian Schneider, Grady Schneider & Newman, L.L.P., and James Patrick Smith, James Patrick Smith, P.C., Houston, for 381 Minors.


Chief Justice PHILLIPS delivered the opinion of the Court.

The issue in this original proceeding is whether mandamus is appropriate to resolve a dispute about who is entitled to certain settlement proceeds. Relator asserts that because it clearly established the right to a return of part of the proceeds the trial court abused its discretion by subsequently approving the initial settlement without modification. Because we conclude that relator has an adequate remedy...

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