in Re BP Products North America Inc.

Opinion issued February 9, 2007.

























In The

Court of Appeals

For The

First District of Texas




NO. 01-06-00943-CV




IN RE BP PRODUCTS NORTH AMERICA, INC., Relator




Original Proceeding on Petition for Writ of Mandamus




MEMORANDUM OPINION



By petition for writ of mandamus, relator, BP Products North America, Inc. ("BP"), challenges the trial court's (1) October 11, 2006 order setting aside the Rule 11 agreement between BP and the Plaintiffs' Steering Committee (2) and denying BP's motion to quash the deposition of and motion for protection for John Browne, the Executive Director and Group Chief Executive of BP, p.l.c. On October 10, 2006, we stayed the deposition of John Browne. On November 22, 2006, we granted the parties' agreed motion to abate this mandamus proceeding.

We vacate our prior order to abate this mandamus proceeding, and we reinstate this mandamus proceeding on the Court's active docket.

We deny the petition for writ of mandamus.

We vacate our prior order staying the deposition of John Browne.

PER CURIAM



Panel consists of Chief Justice Radack and Justices Alcala and Higley.

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