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HOLK v. BIARD

No. 06-96-00002-CV.

920 S.W.2d 803 (1996)

Fred HOLK, D.V.M., and Wife, Patricia Holk, Relators, v. The Honorable Webb BIARD, Judge, 6th Judicial District Court, Fannin County, Texas, Respondent.

Court of Appeals of Texas, Texarkana.

Rehearing Overruled May 7, 1996.

Attorney(s) appearing for the Case

Steven K. Terry, Newsom, Terry, Newsom, Dallas, for Relators.

Charles Butler, Smith & Butler, Bonham, for Real Parties in Interest.

Before CORNELIUS, C.J., and BLEIL and GRANT, JJ.

OPINION

CORNELIUS, Chief Justice.

In this original proceeding, Dr. Fred Holk seeks a writ of mandamus ordering the Honorable Webb Biard, Judge of the 6th District Court of Fannin County, Texas, to vacate his order rescinding an arbitration agreement and the arbitrator's decision pursuant to that agreement. Because we find that the arbitration agreement and the decision should not have been rescinded, we will conditionally grant the writ as requested.

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