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MEMORANDUM OPINION No. 04-09-00559-CV IN RE SOUTHWEST CONCRETE PRODUCTS, L.P. and Texas Building Products, Inc. Original Mandamus Proceeding1 PER CURIAM Sitting: Karen Angelini, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: September 9, 2009 PETITION FOR WRIT OF MANDAMUS DENIED, MOTION FOR EMERGENCY RELIEF DENIED On September 3, 2009, relators filed a petition for a writ of mandamus and a motion for emergency relief. The court has considered the petition and the motion, and determined relators are not entitled to the relief sought. Accordingly, relators’ petition for a writ of mandamus and motion for emergency relief are denied. See TEX . R. APP . P. 52.8(a).

PER CURIAM

… This proceeding arises out of Cause No. 2004-CI-09384, styled A. Hansen Masonry, Inc. v. Southwest Concrete Products, L.P. and Texas Building Products, Inc., pending in the 150th Judicial District Court, Bexar County, Texas.