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IN RE OLSHAN FOUNDATION REPAIR CO., L.L.C.

No. 05-08-01143-CV.

277 S.W.3d 124 (2009)

In re OLSHAN FOUNDATION REPAIR COMPANY, L.L.C., and Olshan Foundation Repair Company of Dallas, Ltd., Relators.

Court of Appeals of Texas, Dallas.

February 5, 2009.

Attorney(s) appearing for the Case

Mark C. Roberts II, Robert M. Candee, Henslee Schwartz LLP, Dallas, TX, for Relator.

Todd Lipscomb, Robert W. Loree, Loree, Hernandez & Lipscomb, PLLC, San Antonio, Steven W. Thornton, McCorkle, Westerburg & Thornton, P.C., Dallas, TX, for Real Party In Interest.

Before Justices WRIGHT, O'NEILL, and LANG.

OPINION

Opinion by Justice LANG.

Olshan Foundation Repair Company, L.L.C., and Olshan Foundation Repair Company of Dallas, Ltd., relators, seek a writ of mandamus ordering the judge of the 44th Judicial District Court, Dallas County, Texas to vacate his order denying their plea in abatement that sought to compel arbitration pursuant to the Federal Arbitration Act (FAA). See 9 U.S.C.A. §§ 1-16 (West 1999). Craig and Joy Waggoner, real parties...

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