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PELT v. JOHNSON

No. 10-91-149-CV.

818 S.W.2d 212 (1991)

John Henry PELT, Individually and as Partner of Aztec General Agency, a Texas General Partnership, et al, Relators, v. Honorable Derwood JOHNSON, Judge, 74th District Court, McLennan County, Texas, Respondent.

Court of Appeals of Texas, Waco.

Rehearing Denied November 13, 1991.

Attorney(s) appearing for the Case

Douglas L. Baker, Pirtle & Baker, P.C., Rockwall, for relators.

Michael G. Cosby, Pakis, Cherry, Beard, & Giotes, Inc., Waco, for respondent.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

VANCE, Justice.

Relators seek a writ of mandamus requiring the Honorable Derwood Johnson, presiding judge of the 74th District Court, McLennan County, to vacate an order striking the Relators' pleadings. Following the guidelines for appellate review of "deathpenalty" discovery sanctions enunciated by the Supreme Court in Transamerican Natural Gas Corp. v. Powell, we hold that the trial court's imposition of the ultimate sanction under these circumstances was...

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