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Legal Opinion

In Re Burlington Northern & Santa Fe Railway Co.

Court of Appeals of Texas

Decided February 7, 2003No. 2-02-400-CVPublishedCited by 8 opinions

1Opinion of the Court

OPINION

SAM J. DAY, Justice.

I.Introduction

On November 26, 2002, relator Burlington Northern and Santa Fe Railway Company (BNSF) filed a petition for writ of mandamus from the trial court’s order denying its motion for protective order and motion to quash the deposition of its president and CEO, Matthew K. Rose. We conditionally grant the writ.

II.Factual Background

This case arises out of a railroad crossing accident between a Union Pacific train and a van driven by James Anthony Phillips. BNSF owns the tracks at the crossing where the accident occurred. As a result of the accident, real parties…

2Cases cited5 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Crown Central Petroleum Corp. v. GarciaTexas Supreme Court · 1995
  3. In Re Daisy Manufacturing Co.Texas Supreme Court · 2000
  4. In Re Alcatel USA, Inc.Texas Supreme Court · 2000
  5. AMR Corp. v. EnlowCourt of Appeals of Texas · 1996

3Cited by8 opinions

  1. in Re TMX Finance of Texas, Inc., TitleMax of Texas, Inc., and TMX Finance LLCCourt of Appeals of Texas · 2015
  2. In Re Texas Genco, LP, Texas Court of Appeals, 10th District (Waco)2005
  3. In Re Texas Genco, LP, Texas Court of Appeals, 10th District (Waco)2005
  4. Johnny Carroll, Individually, and as of the Ray Carroll Estate and as Trustee v. Whitney Independent School District, Texas Court of Appeals, 10th District (Waco)2001
  5. Williams, Rhonda Gayle, Ind. and in Behalf of Roger Cecil Williams as Next Friend v. Orion Pacific, Inc., Madison Minerals, Inc., Orrex Plastics Company, L.L.C., Nicholas Fowler, and Other John Does, Texas Court of Appeals, 8th District (El Paso)2003

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