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NICHOLAS v. KBR, INC.

No. 08-20140.

565 F.3d 904 (2009)

Geraldine NICHOLAS, Individually and as Administratrix of the Estate of James Nicholas, Plaintiff-Appellant, v. KBR, INC.; M.W. Kellogg Co.; Kellogg Brown & Root; Halliburton, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 15, 2009.

Attorney(s) appearing for the Case

Edward Downs Fisher, John A. Cowan, Provost Umphrey, Beaumont, TX, for Plaintiff-Appellant.

Michael James Muskat, Muskat, Martinez & Mahony, LLP, Houston, TX, for Defendants-Appellees.

Before HIGGINBOTHAM, ELROD and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

Geraldine Nicholas appeals the district court's denial of her motion to compel arbitration of her contract dispute with KBR, Inc., the successor corporation of her deceased husband's former employer, M.W. Kellogg Co. Nicholas contends that the district court improperly ruled that she waived her right to arbitrate her dispute with KBR. For the reasons set forth below, we conclude that the district court did not err when it found that Nicholas...

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