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IN RE TEREX CORP.

No. 04-0015.

159 S.W.3d 630 (2005)

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

Supreme Court of Texas.

March 11, 2005.

Attorney(s) appearing for the Case

R. Chris Harvey, Jenifer L. Balch, James A. Harrison, Gwinn & Roby, Dallas, M. Mitchell Moss, Robles Bracken Coffman & Hughes LLP, El Paso, John Hilton Dies Jr., Rick Lee Oldenettel, Oldenettel & Associates, P.C., William O'Rourke, Ann E. Knight, O'Rourke & Knight, P.L.L.P., Houston, for relators.

Steven C. Laird, John Michael Cummings, Jean Robb Hubert, Law Offices of Steven C. Laird, P.C., Fort Worth, John P. Mobbs, J. Roberto Oaxaca, Oaxaca Bernal & Associates, El Paso, for real party in interest.

PER CURIAM.

The issue in this original proceeding is whether section 15.007 of the Civil Practice and Remedies Code authorizes a statutory probate court to transfer a wrongful death and survival case to itself under section 5B of the Probate Code when venue is improper under chapter 15 of the Civil Practice and Remedies Code in the county where the probate court is located and a party objects. Because we answered this question in the negative in our opinions released...

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