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LIZALDE v. VISTA QUALITY MARKETS

No. 13-50015.

746 F.3d 222 (2014)

Jorge LIZALDE, Plaintiff-Appellee v. VISTA QUALITY MARKETS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 25, 2014.

Attorney(s) appearing for the Case

Joseph G. Isaac , Attorney, Scherr, Legate & Ehrlich, El Paso, TX, for Plaintiff-Appellee.

Steven Lee Hughes , Mounce, Green, Myers, Safi, Paxson & Galatzan, El Paso, TX, for Defendant-Appellant.

Before STEWART, Chief Judge, and JOLLY and SMITH, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The defendant, Vista Quality Markets ("Vista"), the employer of the plaintiff, appeals the judgment of the district court denying Vista's motion to compel arbitration of this on-the-job injury claim. The district court denied the motion, agreeing with the plaintiff, Jorge Lizalde, that the Mutual Agreement to Arbitrate Claims (the "Arbitration Agreement") between him and Vista is illusory because, as the district court interpreted the...

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