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IN RE WEEKLEY HOMES, L.P.

No. 04-0119.

180 S.W.3d 127 (2005)

In re WEEKLEY HOMES, L.P.

Supreme Court of Texas.

Decided October 28, 2005.

Attorney(s) appearing for the Case

Raul A. Gonzalez, Susan Kidwell, Locke Liddell & Sapp, LLP, Austin, and N. Terry Adams, Beirne Maynard & Parsons, L.L.P., Houston, for relator.

James Craig Orr Jr. and Spencer P. Browne, Heygood Orr & Reyes, L.L.P., Irving, for real party in interest.

Justice BRISTER delivered the opinion of the Court.

We are asked to decide whether Weekley Homes, L.P., a party to a contract containing an arbitration clause, can compel arbitration of a personal injury claim brought by Patricia Von Bargen, a nonparty. We have previously compelled arbitration by nonparties to an arbitration agreement when they brought suit "based on a contract,"1 which Von...

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