PAPALOTE CREEK II v. LOWER COLORADO RIVER AUTH.

No. 17-50852.

918 F.3d 450 (2019)

PAPALOTE CREEK II, L.L.C., formerly known as Papalote Creek Windfarm II, L.L.C., Plaintiff-Appellant, v. LOWER COLORADO RIVER AUTHORITY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED March 15, 2019.


Attorney(s) appearing for the Case

Benjamin Lee Mesches , Jason Neal Jordan , Haynes & Boone, L.L.P., Dallas, TX, Leslie Conant Thorne , Attorney, Haynes & Boone, L.L.P., Austin, TX, for Plaintiff-Appellant.

Robert Kenneth Wise , Lillard Wise Szygenda, P.L.L.C., Dallas, TX, for Defendant-Appellee.

Before HIGGINBOTHAM, ELROD, and HO, Circuit Judges.


Papalote Creek II, LLC (Papalote) appeals the district court's order compelling Papalote to arbitrate a dispute raised by Lower Colorado River Authority (LCRA)—whether their contractual agreement limits LCRA's liability to $60 million. The arbitration clause requires Papalote and LCRA to arbitrate "any...

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