COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-04-071-CV

IN RE ROBERT GURLEY                                                             RELATOR

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ORIGINAL PROCEEDING

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MEMORANDUM OPINION¹

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        The court has considered relator's petition for writ of mandamus and the response filed by real party in interest, American Airlines, Inc., and is of the opinion that relief should be denied.  Accordingly, relator's petition for writ of mandamus is denied.

        Relator shall pay all costs of this original proceeding, for which let execution issue.

                                                                  PER CURIAM

PANEL B:   DAUPHINOT, LIVINGSTON, and MCCOY, JJ.

LIVINGSTON, J. would grant.

DELIVERED: May 12, 2004

NOTES

1.  See Tex. R. App. P. 47.4.