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IN RE SMALL

No. 08-08-00198-CV.

346 S.W.3d 657 (2009)

In re: Joe E. SMALL and Enerplus Resources (USA) Corporation, f/k/a Lyco Energy Corporation, Realtors.

Court of Appeals of Texas, El Paso.

June 10, 2009.

Attorney(s) appearing for the Case

J. Brett Busby , Bracewell & Giuliani LLP, Houston, TX, Joseph L. Hood Jr. , Windle, Hood, Alley, Norton, Brittain & Jay, LLP, El Paso, TX, for Relators.

Milton C. Colia , Kemp Smith, P.C., El Paso, TX, for Real Party In Interest.

Before CHEW, C.J., McCLURE, J., and BARAJAS, C.J. (Ret.).

OPINION

DAVID WELLINGTON CHEW, Chief Justice.

Realtors, Mr. Joe Small and Enerplus Resources (USA) Corporation ("Enerplus"), have filed a petition for a writ of mandamus ordering the Hon. Angie Juarez Barill, Judge of the 346th Judicial District Court of El Paso County, to vacate an order compelling the production of numerous documents which Relators assert are privileged. We conditionally grant.

This mandamus proceeding arises from an oil...

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