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AMERICAN REALTY v. JDN REAL ESTATE-McKINNEY

No. 05-01-00488-CV.

74 S.W.3d 527 (2002)

AMERICAN REALTY TRUST, INC., Appellant, v. JDN REAL ESTATE-McKINNEY, L.P., Appellee.

Court of Appeals of Texas, Dallas.

April 10, 2002.

Attorney(s) appearing for the Case

Charles Imlay Appler, Bennett, Weston & LaJone, P.C., Dallas, for Appellant.

Paul E. Ridley, Dallas, for Appellee.

Before Justices MOSELEY, O'NEILL, and RICHTER.

OPINION

Opinion by Justice MOSELEY.

American Realty Trust, Inc. (ART) appeals the trial court's confirmation of an arbitration award in favor of JDN Real Estate-McKinney, L.P. (JDN). We conclude that if an agreement to arbitrate exists with respect to the subject matter of a certain dispute, "procedural" questions that are intertwined with the underlying facts of the dispute, including whether any contractually-based prerequisites to arbitration have been...

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