in Re ConocoPhillips F/K/A Phillips Petroleum Company F/K/A Phillips Petroleum Company, DCP Midstream, L.P. F/K/A GPM Gas Corporation, ConocoPhillips Gas Company F/K/A Phillips Gas Company, and DCP Midstream Marketing, L.L.C. F/K/A GPM Gas Trading Company

Motion Granted in Part and Order filed December 15, 2011.

In The

Fourteenth Court of Appeals
NO. 14-11-00944-CV

PHILLIPS PETROLEUM COMPANY N/K/A CONOCOPHILLIPS COMPANY,
GPM GAS CORPORATION N/K/A DCP MIDSTREAM, L.P., PHILLIPS GAS
MARKETING COMPANY N/K/A CONCOCOPHILLIPS COMPANY,
SUCCESSOR BY MERGER, PHILLIPS GAS COMPANY N/K/A
CONCOPHILLIPS GAS COMPANY AND GPM GAS TRADING COMPANY
N/K/A CONOCOPHILLIPS GAS COMPANY AND GPM GAS TRADING
COMPANY N/K/A DCP MIDSTREAM MARKETING, L.L.C., Appellants
V.
ROYCE YARBROUGH, Appellee

On Appeal from the 268th District Court
Fort Bend County, Texas
Trial Court Cause No. 99-DCV-107968

and

NO. 14-11-01004-CV
____________

CONOCOPHILLIPS COMPANY F/K/A PHILLIPS PETROLEUM COMPANY,
DCP MIDSTREAM, LP F/K/A GMP GAS CORPORATION, CONOCOPHILLIPS
GAS COMPANY F/K/A PHILLIPS GAS COMPANY, AND DCP MISTREAM
MARKETING, LLC F/K/A GPM GAS TRADING COMPANY, Relator

ORIGINAL PROCEEDING
WRIT OF MANDAMUS
268th District Court
Fort Bend County, Texas
Trial Court Cause No. 09-DCV-107968
 ORDER

On October 25, 2011, Phillips Petroleum Company n/k/a ConocoPhillips Company,
GPM Gas Corporation n/k/a DCP Midstream, L.P., Phillips Gas Marketing Company n/k/a
ConcocoPhillips Company, Successor By Merger, Phillips Gas Company n/k/a
ConcoPhillips Gas Company and GPM Gas Trading Company n/k/a ConocoPhillips Gas
Company and GPM Gas Trading Company n/k/a DCP Midstream Marketing, L.L.C.,
("appellants") filed a notice of appeal from the trial court's order signed October 7, 2011, in
cause number 99-DCV-107968. That appeal was assigned to this court under our
appellate case number 14-11-00944-CV.
On November 21, 2011, appellants filed a petition for writ of mandamus that
complains of the same order. The original proceeding has been assigned our case number
14-11-01004-CV.
On December 6, 2011, the court requested the parties to advise this court of their
respective positions on whether the mandamus proceedings should be consolidated with
the interlocutory appeal. The parties' responses indicate they favor consolidation.
Accordingly, the court, on its own motion, orders the appeal and original
proceeding CONSOLIDATED.

PER CURIAM

Panel consists of Justices Brown, Boyce, and McCally.

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