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IN RE NORTHERN NATURAL GAS CO.

No. 04-09-00284-CV.

327 S.W.3d 181 (2010)

In re NORTHERN NATURAL GAS CO.

Court of Appeals of Texas, San Antonio.

March 3, 2010.

Attorney(s) appearing for the Case

Marc F. Wiegand , John G. George , Ray B. Jeffrey , Stumpf Farrimond, P.C., Dan Pozza , Law Offices of Dan Pozza, San Antonio, TX, for Appellant.

Jack Paul Leon , Law Offices of Jack Paul Leon, Curtis L. Cukjati , Martin, Cukjati & Richman, L.L.P., John F. Carroll , Law Offices of John F. Carroll, R. Glen Ayers , Langley & Banack, Inc., San Antonio, TX, for Appellee.

Sitting: SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice, MARIALYN BARNARD, Justice.

OPINION

Opinion by: REBECCA SIMMONS, Justice.

We withdraw our opinion of December 23, 2009, and issue this opinion in its place. Relator Northern Natural Gas Co. ("Northern"), plaintiff in the underlying proceeding, filed a petition for writ of mandamus seeking to compel the trial court to vacate the December 16, 2008 "Order Granting Motion for New Trial." We conditionally grant mandamus relief in part.

BACKGROUND

The underlying suit was...

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