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WEINGARTEN REALTY INVESTORS v. MILLER

No. 11-20676.

661 F.3d 904 (2011)

WEINGARTEN REALTY INVESTORS, a Texas Real Estate Investment Trust, Plaintiff-Appellee, v. Stewart A. MILLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 1, 2011.

Attorney(s) appearing for the Case

Michael Vance Powell , Locke, Lord, Bissell & Liddell, L.L.P., Dallas, TX, Christopher Benjamin Dove, Stacy Lee Williams , Locke, Lord, Bissell & Liddell, L.L.P., Houston, TX, for Plaintiff-Appellee.

John Lawrence Hamil , Hamil/Hecht, L.L.C., Denver, CO, Randy Edward Moore , Moore Law Firm, Lake Jackson, TX, for Defendant-Appellant.

Before DAVIS, SMITH and PRADO, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The district court denied a motion to compel arbitration. Defendant Stewart Miller appealed, and the district court denied his motion for a stay pending appeal. Miller appeals the denial of a stay, and plaintiff Weingarten Realty Investors ("WRI") moves for summary affirmance of the denial of the motion to compel. We conclude that there is no automatic stay and that under the circumstances of this case, Miller is not entitled to a stay...

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