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WILLIAMS INDUST. v. EARTH DEVELOP. SYSTEMS

No. 01-02-00913-CV.

110 S.W.3d 131 (2003)

WILLIAMS INDUSTRIES, INC., Appellant, v. EARTH DEVELOPMENT SYSTEMS CORP., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled May 29, 2003.

Attorney(s) appearing for the Case

Eileen M. Gaffney, Michael D. Stein, Sheiness, Scott, Grossman & Cohn, L.L.P., Houston, for Appellant.

Keith E. Coulter, Andrews, Myers & Donaldson, Andrew P. McCormick, McCormick & McNeel, L.L.P., Matthew R. Muth, T. Michael Neville, T. Michael Neville & Associates, P.C., Houston, for Appellee.

Panel consists of Justices TAFT, KEYES and HIGLEY.

OPINION

TIM TAFT, Justice.

Appellant, Williams Industries, Inc. ("Williams"), takes this interlocutory appeal from the denial of its application to compel arbitration and to stay proceedings. See Tex. Civ. Prac. & Rem.Code Ann. § 171.098(a)(1) (Vernon Supp.2003) (authorizing such interlocutory appeal). We determine (1) whether Williams showed that the claims that it sought to arbitrate fell within the scope of two arbitration agreements and...

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