PER CURIAM

Sitting: Catherine Stone, Justice

Karen Angelini, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: March 31, 2004

PETITION FOR WRIT OF MANDAMUS DENIED

On March 12, 2004, relator filed a petition for writ of mandamus. The court has considered relator's petition and is of the opinion that relator is not entitled to the relief sought. Accordingly, relator's petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

PER CURIAM

1. This proceeding arises out of Cause No. 01-01-0030-CVW, styled Robert Johnston, Don Atkins, Beth Atkins, Paul Poole, and Debbie Poole v. USA Biomass Corporation et al., pending in the 218th Judicial District Court, Wilson County, Texas, the Honorable Michael Peden presiding.