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IN RE DILLARD DEPT. STORES, INC.

No. 08-04-00262-CV.

153 S.W.3d 145 (2004)

In re DILLARD DEPARTMENT STORES, INC., Relator.

Court of Appeals of Texas, El Paso.

November 24, 2004.

Attorney(s) appearing for the Case

John P. Mobbs, El Paso, for real party in interest.

Robert A. Valadez, Shelton & Valadez, Nissa M. Sanders, Crofts & Callaway, P.C., San Antonio, for relator.

Linda Y. Chew, El Paso, for respondent.

Before Panel No. 4 BARAJAS, C.J., LARSEN, and McCLURE, JJ.

OPINION

SUSAN LARSEN, Justice.

Dillard Department Stores, Inc. (Dillard's) seeks a writ of mandamus to compel its former employee, Delia Garcia, to arbitrate her retaliatory discharge claim. Because Dillard's failed to establish an agreement to arbitrate, we find the trial court did not abuse its discretion in refusing to compel arbitration. We therefore deny the requested writ of mandamus.

FACTUAL AND PROCEDURAL BACKGROUND

Delia...

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