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TRCM, LLC v. TWILIGHT PARTNERSHIP

No. 30331-CW.

706 So.2d 1037 (1998)

TRCM, LLC, Plaintiff-Respondent, v. The TWILIGHT PARTNERSHIP, et al., Defendants-Applicants.

Court of Appeal of Louisiana, Second Circuit.

Writs Denied March 13, 1998.

Attorney(s) appearing for the Case

McLeod Verlander by David E. Verlander and Pamela G. Nathan, Monroe, for Defendants-Applicants Twilight Partnership, Dr. Frank X. Cline, Jr., Dr. Myron B. Bailey, Individually and in His Capacity As Trustee of the Myron Bailey, III Minority Trust, Country Lake, Inc., Dr. Rifat M. Nawas, Dr. R. Louis Gavioli and Dr. Sidney L. Bailey.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre by Edward D. Wegmann, New Orleans, for Defendants-Applicants Dr. Douglas C. Brown and Achnacary, Inc.

Hayden, Moore & Ryan by G. Scott Moore, Monroe, for Defendant-Applicant Dr. Rifat M. Nawas.

Ward, Nelson & Pelleteri by Joseph R. Ward, Jr., Lisa A. Condrey, Lynn H. Frank and James E. Brouillette, New Orleans, for Plaintiff-Respondent.

Before MARVIN, C.J., and HIGHTOWER and STEWART, JJ.

MARVIN, Chief Judge.

In this action by TRCM alleging vices of consent to nullify a contract containing an arbitration provision, we initially declined to exercise supervisory review of the trial court's ruling denying the motions of the applicant-defendants to compel arbitration. We found no palpable error in the trial court's reliance on George Engine Co., Inc. v. Southern Shipbuilding Corp., 350 So.2d 881 (La.1977).

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