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MEMORANDUM OPINION No. 04-09-00336-CV IN RE AMERICAN TECHNOLOGY MARKETING, INC. Original Mandamus Proceeding1 PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Steven C. Hilbig, Justice Delivered and Filed: July 29, 2009 PETITION FOR WRIT OF MANDAMUS DENIED The court has considered the petition for a writ of mandamus filed by relator, American Technology Marketing, Inc., and the response of the real party in interest and is of the opinion that relief should be denied. See TEX . R. APP . P. 52.8(a). Accordingly, relator’s petition for a writ of mandamus is denied.

Relator shall pay all costs incurred in this proceeding.

The clerk of this court is directed to transmit a copy of this opinion to the attorneys of record, the trial court judge, and the trial court clerk.

PER CURIAM

… This proceeding arises out of Cause No. 2007-CI-06291, American Technology Marketing, Inc. v. B & D Management Co., Inc. d/b/a McDonald’s Restaurant, Didak, Inc. d/b/a McDonald’s Restaurant, and PICI Management, Inc. d/b/a McDonald’s Restaurant, and P&M Hoskins Enterprises, LLC d/b/a McDonald’s Restaurant, pending in the 407th Judicial District Court, Bexar County, Texas, the Honorable Peter Sakai presiding.