in Re North American Refractories Company

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-01-270-CV

____________________

IN RE NORTH AMERICAN REFRACTORIES COMPANY

Original Proceeding

OPINION ON REHEARING

In response to a motion for rehearing filed by the real parties in interest, we withdraw our opinion of August 30, 2001, and substitute the following in its place.

North American Refractories Company ("NARCO") seeks a writ of mandamus to compel the Honorable Patrick A. Clark, judge of the 128th District Court of Orange County, Texas, to grant a continuance of a trial originally scheduled to commence on…