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BURLINGTON NORTHERN RY. CO. v. TUCO INC.

No. 95-1317.

960 S.W.2d 629 (1997)

BURLINGTON NORTHERN RAILROAD COMPANY and the Atchison, Topeka & Santa Fe Railway Company, Petitioners, v. TUCO INC. and Southwestern Public Service Company, Respondents.

Supreme Court of Texas.

Decided June 20, 1997.

Rehearing Overruled December 4, 1997.

Attorney(s) appearing for the Case

Harry DeLung, Jr., Chicago, IL, Michael A. Hatchell, Tyler, George Whittenburg, Charles G. White, Amarillo, Samuel M. Sipe, Jr., David A. Stein, Washington, DC, for Petitioners.

Donald M. Hunt, Lubbock, Cynthia Keely Timms, Michael J. Boydston, Michael H. Collins, Dallas, Charles R. Watson, Jr., Amarillo, for Respondents.

PHILLIPS, Chief Justice, delivered the opinion of the Court, in which GONZALEZ, HECHT, CORNYN, OWEN and BAKER, Justices, join.

Under section 171.014 of the Texas Civil Practice and Remedies Code, a court shall vacate an arbitration award if there has been "evident partiality by an arbitrator appointed as a neutral." We hold that a neutral arbitrator selected by the parties or their representatives exhibits evident partiality...

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