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MEMORANDUM OPINION No. 04-09-00542-CV IN RE ESTATE OF JOHN G. KAIN, IV d/b/a Jay Kay Ranch, John G. Kain Ranch Limited Ptr., John G. Kain Ranch Mgmt., LLC, and John G. Kain, Individually and as Independent Executor of the Estate of John G. Kain, IV, Deceased Original Mandamus Proceeding1 PER CURIAM Sitting: Catherine Stone, Chief Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: November 11, 2009 PETITION FOR WRIT OF MANDAMUS DENIED On August 28, 2009, Relator filed a petition for a writ of mandamus. After considering the petition and the Real Party in Interest’s response, this court has determined that the Relator is not entitled to the relief sought. The petition is, therefore, DENIED. See TEX . R. APP . P. 52.8(a).

PER CURIAM

… This proceeding arises out of Cause No. 04-12-00396-CVF, styled In re Estate of John G. Kain, IV d/b/a Jay Kay Ranch, John G. Kain Ranch Limited Ptr., John G. Kain Ranch Mgmt., LLC, and John G. Kain, Individually and as Independent Executor of the Estate of John G. Kain, IV, Deceased, pending in the 81st Judicial District Court, Frio County, Texas, the Honorable Stella Saxon presiding.