Opinion issued November 29, 2007

In The

Court of Appeals

For The

First District of Texas

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NO. 01-07-00678-CV

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IN RE BEI ENGINEERS, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

          Relator, BEI Engineers, has filed a petition for writ of mandamus complaining of Judge Sharon McCally’s June 15, 2007 order denying its motion for summary judgment.

          We deny the petition for writ of mandamus. We vacate our order dated September 4, 2007 staying all proceedings in the underlying cause.

PER CURIAM

Panel consists of Justices Taft, Hanks, and Higley.