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ASW ALLSTATE PAINTING & CONST. v. LEXINGTON INS.

No. 98-50643.

188 F.3d 307 (1999)

ASW ALLSTATE PAINTING & CONSTRUCTION CO., INC., Plaintiff-Appellee, v. LEXINGTON INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 3, 1999.

Attorney(s) appearing for the Case

Daniel R. Malone, El Paso, TX, for Plaintiff-Appellee.

Douglas B. Lang, Cozen & O'Connor, Dallas, TX, for Defendant-Appellant.

Before STEWART and DENNIS, Circuit Judges.

PER CURIAM:

Lexington Insurance Company ("Lexington") appeals from the district court's order denying its motion to compel arbitration of its dispute with ASW Allstate Painting and Construction Co., Inc. ("ASW").

ASW entered a construction contract with Lexington's insured, TVO Hanover ("TVO"), which contained an agreement to arbitrate any dispute between ASW and TVO arising from or related to the construction contract. Lexington notified ASW that, when it...

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