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IN RE TEXAS DEPT. OF TRANSP.

Nos. 06-0289, 06-0302.

218 S.W.3d 74 (2007)

In re TEXAS DEPARTMENT OF TRANSPORTATION, Relator. and In re Gillespie County, Relator.

Supreme Court of Texas.

March 9, 2007.

Attorney(s) appearing for the Case

Greg Abbott, Atty. Gen., Barry Ross McBee, Edward D. Burbach, Rafael Edward Cruz, Rance L. Craft, Susan Desmarais Bonnen, Ronald E. Garner, Office of Atty Gen., Austin, William Henry, San Marcos, Kent C. Sullivan, First Asst. Atty. Gen., Randy Howry, Sean E. Breen, Scott Forrest Deshazo, Herman Howry & Breen, LLP, Austin, L. Chris Heinemeyer, Krenek & Heinemeyer, P.C., San Antonio, Scott Maynard Freshour, Andrew F. MacRae, Hull Hendricks & MacRea, LLP, Matthew B. Cano, Allensworth & Porter, L.L.P., Rex Jason Zgarba, Austin, for Real Party In Interest.

Charles S. Frigerio, Hector X. Saenz, Law Offices of Charles S. Frigerio, San Antonio, Wade Caven Crosnoe, Jeff D. Otto, Amy Elizabeth Stephenson, Thompson, Coe, Cousins & Irons, LLP, Austin, for Relator/Other.

PER CURIAM.

The Texas Department of Transportation (TxDOT) and Gillespie County each seek writ of mandamus directing the probate court of Travis County to transfer venue of a personal injury suit to Gillespie County. They assert that as to each of them, separately, venue is mandatory in Gillespie County. We conditionally grant relief.

On the evening of January 16, 2004 Courtney Foreman was a passenger in a car approaching a bridge over the Pedernales River...

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