Union Pacific Fuels, Inc. v. Johnson

OPINION

MURPHY, Chief Justice.

This original proceeding arises out of a plea in abatement filed by Union Pacific Fuels, Inc. and Union Pacific Resources Company (“Union Pacific”), relators. Relators ask this court to issue a writ of mandamus directing the Honorable Carolyn Marks Johnson, respondent, to: (1) abate the lawsuit filed by Staten Island Cogeneration Corporation (“Staten Island”); (2) modify her order granting a modified jury trial on relators’ plea in abatement; or (3) make a determination on relators’ plea in abatement without a jury. We conditionally grant the writ.

In late 1992,…