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EVEREST REINSURANCE CO. v. HOWARD

No. 03-97-00035-CV.

950 S.W.2d 800 (1997)

EVEREST REINSURANCE COMPANY/James A. HOWARD, Special Deputy Receiver of Texas Employers' Insurance Association, Appellants, v. James A. HOWARD, Special Deputy Receiver of Texas Employers' Insurance Association/Everest Reinsurance Company, Appellees.

Court of Appeals of Texas, Austin.

August 28, 1997.

Attorney(s) appearing for the Case

Mark M. Donheiser, Strasburger & Price, L.L.P., Dallas, for Appellants.

Ellen G. Robinson, Robinson, Curley & Clayton, P.C., Chicago, IL., for Appellees.

Before POWERS, JONES and KIDD, JJ.

KIDD, Justice.

Both Everest Reinsurance Company ("Everest") and James A. Howard, challenge portions of the trial court's order allowing Everest to remove this cause to federal court, but enjoining Everest from seeking arbitration in federal court. We will affirm in part and reverse in part the trial court's judgment.

BACKGROUND

Each year from 1985 to 1990, Everest Reinsurance Company ("Everest")...

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