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CITY OF LUBBOCK v. HANCOCK

No. 07-96-0296-CV.

940 S.W.2d 123 (1996)

CITY OF LUBBOCK, Relator, v. Honorable Mackey HANCOCK, Respondent.

Court of Appeals of Texas, Amarillo.

November 4, 1996.

Attorney(s) appearing for the Case

Crenshaw, Dupree & Milam, Jessica Brown Hudgins, Philip Johnson, Lubbock, for City of Lubbock, Relator.

Ford, Yungblut White & Salazar, Jeffrey A. Ford, Wesly C. Maness, Dallas, for real party in interest Tech Builders, Inc.

Before BOYD, C.J., DODSON J., and REYNOLDS, Senior Justice.

BOYD, Chief Justice.

In this original proceeding, relator, the City of Lubbock (the City), seeks a writ of mandamus directing respondent, the Honorable Mackey Hancock, to revoke his order staying litigation between the City and Tech Builders Incorporated (TBI), and compelling arbitration. For the reasons stated herein, we decline to issue the writ.

On April 14, 1994, the City and TBI executed a written contract whereby TBI would perform work on a sewer underneath...

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