i i i i i i

MEMORANDUM OPINION No. 04-08-00388-CV IN RE UNION PACIFIC RAILROAD COMPANY Original Mandamus Proceeding1

PER CURIAM Sitting: Alma L. López, Chief Justice Phylis J. Speedlin, Justice Steven C. Hilbig, Justice Delivered and Filed: August 20, 2008 PETITION FOR WRIT OF MANDAMUS DENIED The court has considered relator’s petition for a writ of mandamus and the response of the real parties in interest and is of the opinion that relief should be denied. Accordingly, relator’s petition for a writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).

PER CURIAM

This proceeding arises out of Cause No. 2005-CI-18347, pending in the 288th Judicial District Court, Bexar County, Texas, and Cause No. 2006-CI-08844, pending in the 73rd Judicial District Court, Bexar County, Texas. The challenged order was signed by the Honorable Karen H. Pozza, presiding judge of the 407th Judicial District Court, Bexar County, Texas.