Opinion issued March 9, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-01033-CV

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In re ExxonMobil CorpORATION, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

By petition for writ of mandamus, relator ExxonMobil Corporation challenges the trial court=s* August 31, 2009 order denying ExxonMobil’s motion to compel production and upholding the privilege claims of real party in interest Duke Energy Field Services, Inc.

We deny the petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Keyes, Alcala, and Massengale.