COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

                                        NO. 2-05-222-CV

IN RE AVERY PHARMACEUTICALS, INC.                                  RELATORS

AND AL SANKARY

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                                    ORIGINAL PROCEEDING

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                                MEMORANDUM OPINION^[1]

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The court has considered relators= petition for writ of mandamus and is of the opinion that relief should be denied.  Accordingly, relators= petition for writ of mandamus is denied.

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

PER CURIAM

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

LIVINGSTON, J. is of the tentative opinion that relators are entitled to the relief sought on the issue of net worth, and would request a response.

DELIVERED: August 19, 2005