IN RE UNION PACIFIC R. CO.

No. 08-0740.

294 S.W.3d 589 (2009)

In re UNION PACIFIC RAILROAD COMPANY, Relator.

Supreme Court of Texas.

September 25, 2009.


Attorney(s) appearing for the Case

Lynne Liberato, Kent Rutter, Haynes and Boone, LLP, Deborah A. Newman, Newman, Flavaloro & Troegel, Houston, for relator.

Robert M. Tramuto, Jones, Granger, Tramuto, Christy & Halstead, Dana G. Kirk, Kirk Law Firm, Houston, George LeGrand, Arthur Stanley Bernstein, LeGrand & Bernstein, San Antonio, Darrin M. Walker, Law Office of Darrin Walker, Kingwood, for real parties in interest.


PER CURIAM.

In this case, we consider whether a trial court abused its discretion when it compelled a rail transportation company to produce confidential "rate structures," which include formulas to determine shipping rates charged to customers. We hold that it did, as the defendant met its burden of establishing that the information sought is protected by the trade secret privilege and the plaintiff failed to demonstrate how the information is "necessary or essential...

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