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MOORE v. MORRIS

Nos. 03-96-00092-CV, 03-96-00045-CV.

931 S.W.2d 726 (1996)

Gerald MOORE and Merrill Lynch, Pierce, Fenner & Smith, Incorporated, Relators, v. The Honorable Rick MORRIS, Respondent. Gerald MOORE and Merrill Lynch, Pierce, Fenner & Smith, Incorporated, Appellants, v. Don GIDDEN, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled November 13, 1996.

Attorney(s) appearing for the Case

Earl W. Sealy, Paula Ann Jones, Long, Burner, Parks & Sealy, P.C., Austin, for Appellants.

Pat Beard, Beard & Kultgen, Waco, for Appellee.

Before POWERS, ABOUSSIE and JONES, JJ.

JONES, Justice.

Appellee Don Gidden sued Gerald Moore and Merrill Lynch, Pierce, Fenner & Smith, Inc. (collectively "Merrill Lynch"), appellants, claiming misrepresentations and violations of the Texas Deceptive Trade Practices Act ("DTPA"), Tex. Bus. & Com.Code Ann. §§ 17.41-.63 (West 1987 & Supp.1996). Merrill Lynch filed a plea in abatement and motion to compel arbitration based on account agreements between the parties. The trial court denied...

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