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IN RE AIU INS. CO.

No. 02-0648.

148 S.W.3d 109 (2004)

In re AIU INSURANCE COMPANY, Relator.

Supreme Court of Texas.

Rehearing Denied December 3, 2004.

Attorney(s) appearing for the Case

Mark A. Ticer, Law Office of Mark Ticer, Dallas, George O. Wilkinson, Vinson & Elkins, Houston, for other interested parties.

Rosemarie Kanusky, W. Wendell Hall, Fulbright & Jaworski L.L.P., San Antonio, Robert L. Guerra, Thornton Summers Biechlin Dunham & Brown, McAllen, Richard W. Bryan, Richard S. Kuhl and Elisa A. Eisenberg, for relator.

Staton Michael Childers, Strausburger & Price, Levon G. Hovnatanian, Dale Jefferson, Joe E. Luce, Christopher W. Martin, Bruce Edwin Ramage, Martin Disiere Jefferson & Wisdom, L.L.P., Arlo Dean Van Denover, Louis Dreyfus National Gas Corp., Houston, Edward D. Burbach, Office of Atty. Gen., Austin, Jaime A. Gonzalez, Gonzalez & Associates Law Firm, P.C., McAllen, for respondent.

Justice OWEN delivered the opinion of the Court, in which Justice HECHT, Justice SMITH, Justice WAINWRIGHT and Justice BRISTER joined.

The trial court denied a motion to enforce a contractual provision under which the parties agreed that all dispute resolution proceedings, including litigation, would take place in the State of New York. Because the facts are undisputed and the trial court clearly abused its discretion, we conditionally grant a writ of mandamus directing...

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