Opinion issued June 21, 2005

In The

Court of Appeals

For The

First District of Texas

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NO. 01-05-00372-CV

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IN RE DUFFY & MCGOVERN ACCOMODATION SERVICES, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

          Relator, Duffy & McGovern Accomodation Services, has filed a petition for writ of mandamus complaining of Judge Kenneth P. Wise’s order, dated February 16, 2005, denying relator’s motion to dismiss or, in the alternative, motion for summary judgment. After due consideration, we deny the petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Taft, Alcala, and Higley.