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IN RE MERRILL LYNCH, PIERCE, FENNER & SMITH

No. 05-03-01314-CV.

131 S.W.3d 709 (2004)

In re MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, and Walter W. Brosey, Relators. Merrill Lynch, Pierce, Fenner & Smith Incorporated, and Walter W. Brosey, Appellants v. Lisa K. Fox, Appellee.

Court of Appeals of Texas, Dallas.

April 13, 2004.

Attorney(s) appearing for the Case

Robert Gilbreath, Jenkins & Gilchrist, P.C., Dallas, for Appellants.

Greg S. Gober, Kenneth B. Chaiken, Chaiken and Chaiken, Dallas, for Appellee.

Before Justices WHITTINGTON, LANG, and LANG-MIERS.

OPINION

Opinion by Justice WHITTINGTON.

In this employment case, Merrill Lynch, Pierce, Fenner & Smith Incorporated (Merrill Lynch) and Walter W. Brosey seek relief from the trial judge's August 22, 2003 order denying their motion to compel arbitration and stay proceedings. Merrill Lynch employed Lisa Fox as a financial advisor. Fox sued Merrill Lynch and Brosey for breach of contract, promissory estoppel, negligent misrepresentation, and fraud, and...

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