COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-04-392- CV
IN RE BEN E. KEITH COMPANY RELATOR
D/B/A BEN E. KEITH FOODS
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ORIGINAL PROCEEDING
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MEMORANDUM OPINION (footnote: 1)
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The court has considered relator's emergency petition for writ of mandamus and is of the opinion that relief should be denied. Accordingly, relator's emergency petition for writ of mandamus is denied.
Relator shall pay all costs of this original proceeding , for which let execution issue.
PER CURIAM
PANEL A : CAYCE, C.J.; LIVINGSTON and MCCOY, JJ.
MCCOY, J. would request a response.
DELIVERED: December 14, 2004
FOOTNOTES
1:
See Tex. R. App. P. 47.4 .