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GRAVES v. BP AMERICA, INC.

No. 08-40575.

568 F.3d 221 (2009)

Nan GRAVES; Linda Graves; Dustin Graves; Sam Graves; Jessica Graves Parker, Plaintiffs-Appellees, v. BP AMERICA, INC.; BP Products North America, Inc.; JV Industrial Companies Ltd., formerly known as JV Piping, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 6, 2009.

Attorney(s) appearing for the Case

Byron M. Buchanan, Jennifer Ann O'Brien, Brent Coon & Associates, Houston, TX, for Plaintiffs-Appellees.

A. Craig Eiland, Galveston, TX, for Nan Graves.

James T. Clancy, Jr., Branscomb, P.C., Corpus Christi, TX, James B. Galbraith, McLeod, Alexander, Powel & Apffel, Galveston, TX, for Defendants-Appellants.

Before HIGGINBOTHAM, GARZA and PRADO, Circuit Judges.

PER CURIAM:

The plaintiffs in this case are the surviving spouse, mother, and children of decedent Ronnie Graves, an employee of defendant J.V. Piping, who died in a work-related accident at defendants' BP Texas City facility. The plaintiffs brought a diversity action, suing under the Texas wrongful death statute1 and the Texas survival statute.2 The defendants brought motions to compel arbitration pursuant...

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