* District Judge of the Southern District of Mississippi, sitting by designation. ** Pursuant to 5 T H C IR . R. 47.5, the Court has determined that th i s opinion s h ould not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-50198 IN THE MATTER OF: I G SERVICES, LTD., Debtors.

IWG HOLDINGS, LTD.; RIO MANAGEMENT, INC.; INVERWORLD, LTD., Appellants, v. LEN B. BLACKWELL, Appellee.

Appeal from the United States District Court for the Western District of Texas (SA-01-CV-119) August 15, 2001 Before DAVIS and JONES, C ircuit Judges, and BARBOUR, * District Judge.

PER CURIAM: ** The appellants styled this appeal as an “emergency appeal” from an order tentatively rejecting their attempt to assert privilege over the documents at issue. The appellants should have styled this as a request for mandamus, and under the circumstances of this case we will treat it as such. Mandamus is “an extraordinary remedy reserved for extraordinary cases.” I n re: O ccidental Petroleum Corp. , 217 F.3d 293, 295 (5 th Cir .2000) (denying mandamus relief where the petit ioners asserted that documents were privileged). To obtain a writ of mandamus in this case, the appellants “must show not only that the [bankruptcy] court erred, but that it clearly and indisputably erred.” Id. The court has carefully considered this appeal in light of the briefs, oral argument, and pertinent portions of the record.

Having done so, we conclude that the bankruptcy court did not clearly and indisputably err in admitt ing evidence submitted by Blackwell or excluding appellants’ evidence for the purpose of preliminarily determining the parties’ discovery dispute over the subpoena. Further, Blackwell did not waive his right to assert control over the privileges and documents of Rio Management, Inc. (“Rio”) and Inverworld, Ltd. (“Inverworld”) by virtu e of his actions in the subpoena proceeding in the Southern District of New York. Finally, in light of its evidentiary rulings, the bankruptcy court’s preliminary determination that Blackwell controls the documents and privileges of Rio and Inverworld for purposes of enforcing the subpoena was not clearly and indisputably erroneous.

The bankruptcy courtÂ’s ruling makes clear, and we agree, that it does not finally adjudicate for any purpose the question of who or what entity controls Rio and IW, Ltd., and further, that it does not prematu rely resolve any specific claims of privilege or waiver thereof concerning the documents. The petition, construed as seeking mandamus relief, is DENIED .