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COMMERCE PARK AT DFW FREEPORT v. MARDIAN CONST. CO.

No. 83-1142.

729 F.2d 334 (1984)

COMMERCE PARK AT DFW FREEPORT, Plaintiff-Appellant, v. MARDIAN CONSTRUCTION COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 9, 1984.

Attorney(s) appearing for the Case

Herman & Herman, Russ M. Herman, New Orleans, La., Shannon Jones, Jr., Dallas, Tex., for plaintiff-appellant.

Rain, Harrell, Emery, Young & Doke, Marshall M. Searcy, Timothy W. Mountz, Thomas E. Hill, Robb L. Voyles, Dallas, Tex., for defendant-appellee.

Before RUBIN and RANDALL, Circuit Judges, and MITCHELL, District Judge.

RANDALL, Circuit Judge:

This appeal is from the district court's order staying the parties' action in federal court pending arbitration, and from the court's subsequent order denying appellant Commerce Park's motion to clarify the stay order. For the reasons set forth below, we affirm.

I. Factual and Procedural Background.

Commerce Park is a Texas partnership involved in real estate development. In October, 1980, Commerce Park as owner and...

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