in Re National Union Fire Insurance Company of Pittsburgh, Pennsylvania, the Insurance Company of the State of Pennsylvania, American Home Assurance Company, AIG Risk Management, Inc., and American International Group, Inc.

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-03-379 CV

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IN RE NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, THE INSURANCE COMPANY OF THE

STATE OF PENNSYLVANIA, AMERICAN HOME ASSURANCE COMPANY,

AIG RISK MANAGEMENT, INC., AND

AMERICAN INTERNATIONAL GROUP, INC.

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Original Proceeding

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MEMORANDUM OPINION ⁽¹⁾

On August 15, 2003, relators filed their petition for mandamus. Relators and the real parties in interest informed the Court that the issues presented in the relators' petition for mandamus are now moot. Accordingly, our order granting temporary relief is VACATED. The writ is denied without reference to the merits of the issues presented in the petition and without prejudice to refiling in the event of renewed or future controversy. Costs are assessed against the incurring party.

PER CURIAM

Opinion Delivered September 11, 2003

Before McKeithen, C.J., Burgess and Hill ⁽²⁾, JJ.

1. Tex. R. App. P. 47.4.

2. The Honorable John Hill, sitting by assignment pursuant to Tex. Gov't Code Ann. § 74.003(b) (Vernon 1998).