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CASH AMERICA INTERN., INC. v. EXCHANGE SERVICES

No. 07-02-0077-CV.

83 S.W.3d 183 (2002)

CASH AMERICA INTERNATIONAL, INC. and Mr. Payroll Corporation, Appellants, v. EXCHANGE SERVICES, INC., Appellee.

Court of Appeals of Texas, Amarillo.

May 29, 2002.

Attorney(s) appearing for the Case

Friedman, Suder & Cooke, Michael T. Cooke, Fort Worth, for appellants.

Lovell, Lovell, Newsom & Isern, L.L.P., John H. Lovell and Wendy Humphrey, Amarillo, for appellee.

Before BOYD, C.J., and QUINN and JOHNSON, JJ.

PHIL JOHNSON, Justice.

Mr. Payroll Corporation and Cash America International, Inc., appeal from an order denying their motion to abate a suit by Exchange Services, Inc., and to order the parties to arbitration. We vacate the trial court's order and remand.

BACKGROUND

Mr. Payroll Corporation, as franchisor (Mr. Payroll) and Exchange Services, Inc., as franchisee (ESI), executed an Amended and Restated Franchise Agreement (the Agreement) to be effective...

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