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IN RE APPLIED CHEMICAL MAGNESIAS CORP.

No. 04-1119.

206 S.W.3d 114 (2006)

In re APPLIED CHEMICAL MAGNESIAS CORPORATION, Relator.

Supreme Court of Texas.

Decided August 31, 2006.

Rehearing Denied December 15, 2006.

Attorney(s) appearing for the Case

David R. Pierce, The Law Office of David Pierce, El Paso, for Relator.

Samuel Downing McDaniel, Law Office of Samuel D. McDaniel, Dana Livingston Cobb, J. Woodfin Jones, Alexander Dubose Jones & Townsend LLP, Austin, Real Party In Interest.

Justice GREEN delivered the opinion of the Court.

In this venue case we consider whether a declaratory judgment suit to determine the rights of the parties to a contract to acquire surface and mineral leases is an action involving an interest in real property thus making it subject to the mandatory venue provision of section 15.011 of the Texas Civil Practice and Remedies Code. We conclude that it is and conditionally grant the writ of mandamus.

I. Background...

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