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MEMORANDUM OPINION

No. 04-09-00557-CV IN RE ELEANOR APARTMENTS, LTD. Original Mandamus Proceeding1 PER CURIAM Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Delivered and Filed: November 18, 2009 PETITION FOR WRIT OF MANDAMUS DENIED On September 2, 2009, 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

… This proceeding arises out of Cause No. 2007-CI-05058, styled CB Plumbers LLC D/B/A CB Service Company v. The Eleanor Apartments Limited Partnership, in the 131st Judicial District Court, Bexar County, Texas, the Honorable John Gabriel presiding.