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IN RE REDMAN HOMES, INC.

No. 10-03-248-CV.

134 S.W.3d 296 (2003)

In re REDMAN HOMES, INC.

Court of Appeals of Texas, Waco.

August 4, 2003.

Attorney(s) appearing for the Case

Ricardo G. Cedillo, Davis, Cedillo & Mendoza, Inc., Henry B. Gonzalez, III, Davis, Adami & Cedillo, Inc., Jeffrey D. Small, San Antonio, David S. Denton, for relator.

John R. Bankhead, Madisonville, Roy R. White, Patrick E. Gaas, Heather E. Asselin, Paul E. Catalano, Coats, Rose, Yale, Ryman & Lee, Houston, for real party in interest.

Petition for writ of mandamus denied.

TOM GRAY, Justice, dissenting on denial of petition for writ of mandamus.

Without requesting a response, the Court has voted to deny the petition for writ of mandamus. I would not. I would request a response. Accordingly, I respectfully dissent.1

The question is whether the trial court or the arbitrator should be determining the applicability of the arbitration agreement by construing...

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