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IN RE TURNER BROS. TRUCKING CO., INC.

No. 06-99-00120-CV.

8 S.W.3d 370 (1999)

In re TURNER BROTHERS TRUCKING COMPANY, INC.

Court of Appeals of Texas, Texarkana.

Decided November 23, 1999.

Attorney(s) appearing for the Case

John R. Mercy, Atchley, Russell. Waldrop, Texarkana, for Relator.

Lauren L. Parish, Gilmer, for Respondent.

Ralph F. Pelaia, Jr., Tefteller & Pelaia, Gilmer, Lynn S. Patton, Patton, Nix & Young, Longview, for Real Parties in Interest.

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

OPINION

Opinion by Justice ROSS.

This is a petition for writ of mandamus, arising out of the trial court's denial of Turner Brothers Trucking Company, Inc.'s (Turner Brothers) motion to compel arbitration of a personal injury lawsuit filed by Tommy and Marilyn McCaskill. We deny the writ.

On or about September 23, 1996, Tommy was employed by Turner Brothers and was operating a sixty-five-ton hydraulic crane owned by Turner Brothers. The crane fell...

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