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IN RE MERRILL LYNCH TRUST CO. FSB

No. 04-03-00424-CV.

123 S.W.3d 549 (2003)

In re MERRILL LYNCH TRUST COMPANY FSB, Henry Medina, and Medina & Medina Group.

Court of Appeals of Texas, San Antonio.

October 29, 2003.

Attorney(s) appearing for the Case

Charles A. Gall, Joel R. Sharp, Robert B. Gilbreath, Melinda H. Sims, Jenkens & Gilchrist, P.C., Dallas, for appellant.

Hector A. Canales, J.A. "Tony" Canales, Nancy M. Simonson, Canales & Simonson, P.C., Corpus Christi, for appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.

OPINION

SANDEE BRYAN MARION, Justice.

Real party in interest, Chris Pereyra, recovered $2 million in settlement of a personal injury lawsuit. In 1994, she executed a Cash Management Account Agreement ("CMAA") with Merrill Lynch, Pierce, Fenner & Smith Incorporated ("MLPF & S") and deposited the proceeds of the settlement into a cash management account. The CMAA contains an arbitration clause. Relator, Henry Medina, a MLPF & S employee, served...

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