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IN RE NEATHERLIN HOMES, INC.

No. 10-03-391-CV.

160 S.W.3d 82 (2004)

In re NEATHERLIN HOMES, INC.

Court of Appeals of Texas, Waco.

February 11, 2004.

Attorney(s) appearing for the Case

Theodore J. Riney, Catherine C. Kays, Geary, Porter & Donovan, P.C., Dallas, for relator.

Timothy C. Anderson, Austin, for interested party.

Before Chief Justice GRAY, Justice BILL VANCE, and Justice REYNA.

OPINION

BILL VANCE, Justice.

Claude Nealy sued Neatherlin Homes over defects in a home he purchased. The retail installment contract contained an arbitration provision. Neatherlin Homes moved to compel arbitration "under the Civil Practice and Remedies Code," i.e., the Texas Arbitration Act. TEX. CIV. PRAC. & REM. CODE ANN. Ch. 171 (Vernon Supp. 2004). The court denied the motion.1

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