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SMITH v. H.E. BUTT GROCERY CO.

No. 09-98-291 CV.

18 S.W.3d 910 (2000)

James SMITH, Appellant, v. H.E. BUTT GROCERY COMPANY, Appellee.

Court of Appeals of Texas, Beaumont.

Decided June 8, 2000.

Attorney(s) appearing for the Case

Mike Jacobellis, Tonahill, Hile, Jacobellis, Dutton & Bragg, Beaumont, for appellant.

Elizabeth B. Pratt, Mehaffy & Weber, Beaumont, for appellee.

Before BURGESS, STOVER and HILL, JJ.

OPINION

JOHN HILL, Justice (Assigned).

James Smith appeals from an order dismissing his personal injury suit against H.E. Butt Grocery (HEB), his former employer, after he failed to submit the case to arbitration as required by an agreement between him and HEB. In five issues on appeal he contends: (1) the Texas Workers' Compensation Act prohibits agreements to waive rights under the Act, and this prohibition on waiver applies to nonsubscribers and applies...

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