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TRANSWESTERN PIPELINE CO. v. BLACKBURN

No. 07-91-0181-CV.

831 S.W.2d 72 (1992)

TRANSWESTERN PIPELINE COMPANY, Relator, v. Honorable J.E. BLACKBURN, Judge, Respondent.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled May 29, 1992.

Attorney(s) appearing for the Case

Culton, Morgan, Britain & White, Maston C. Courtney, Wyatt Brooks, Amarillo, Modrail, Sperling, Roehl, Harris & Sisk PA, Lynn H. Slade and Earl E. DeBrine, Jr., Albuquerque, N.M., Robert C. Carroll, Transwestern Pipeline, Houston, relator.

Sprouse, Mozola, Smith & Rowley PC, Harlow Sprouse and John Mozola, Amarillo, Michael F. Shepard, Mewbourne Oil Co., Tyler, Stephen Cross, Borger, for real party in interest.

Before REYNOLDS, C.J., and DODSON and BOYD, JJ.

REYNOLDS, Chief Justice.

This original mandamus proceeding requires us to answer the novel question whether the trial court abused its discretion in authorizing independent discovery by the parties after they were ordered to, and did, institute binding arbitration. Guided by the Texas General Arbitration Act (Act),1 we will answer in the affirmative and conditionally grant the writ of mandamus.

This is the second mandamus proceeding...

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