COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-10-00355-CV

IN RE HERITAGE OPERATING, RELATOR L.P. D/B/A METRO LIFT PROPANE OF DALLAS

------------ ORIGINAL PROCEEDING ------------ MEMORANDUM OPINION1 ------------ The court has considered relator’s petition for writ of mandamus and emergency motion for temporary relief and is of the opinion that relief should be denied. Accordingly, relator’s petition for writ of mandamus and emergency motion for temporary relief are denied.

Relator shall pay all costs of this original proceeding, for which let execution issue.

PER CURIAM PANEL: DAUPHINOT, WALKER, and GABRIEL, JJ.

See Tex. R. App. P. 47.4, 52.8(d).

DELIVERED: October 15, 2010355-C