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BRUCE TERMINIX CO. v. CARROLL

No. 10-97-230-CV.

953 S.W.2d 537 (1997)

BRUCE TERMINIX COMPANY, Relator, v. Honorable Bob CARROLL, Judge, County Court At Law, Ellis County, Texas Respondent.

Court of Appeals of Texas, Waco.

October 15, 1997.

Attorney(s) appearing for the Case

Roy Stacy, Calhoun & Stacy P.C., Dallas, for Relator.

Ross Massengill, McCarty, Wilson & Mash, Ennis, for Real Party in Interest.

Bob Carroll, Waxahachie, for Respondent.

Before DAVIS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

CUMMINGS, Justice.

In this original proceeding, the Relator, Bruce Terminix Company, seeks a writ of mandamus to require the trial court to submit the dispute to arbitration. We decline to issue the writ.

FACTUAL AND PROCEDURAL BACKGROUND

This original proceeding stems from a contract dispute between Terminix, the defendant in the underlying suit, and Kay Bates, the plaintiff. In 1990, Bates entered into a contract with Terminix...

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