IN RE MORGAN STANLEY & CO., INC.

No. 07-0665.

293 S.W.3d 182 (2009)

In re MORGAN STANLEY & CO., INC., Successor To Morgan Stanley DW, Inc., Relator.

Supreme Court of Texas.

Decided July 3, 2009.

Rehearing Denied September 25, 2009.


Attorney(s) appearing for the Case

Thomas R. Phillips, Baker Botts L.L.P., Austin, TX, David D. Sterling, Brooke Ashley Geren, Baker Botts L.L.P., Houston, TX, for Relator.

Amy B. Ganci, Dolores G. Wolfe, Cowles & Thompson, P.C., Charles T. Frazier Jr., LaDawn H. Conway, Alexander Dubose Jones & Townsend, LLP, Dallas, TX, for Real Party in Interest.


Justice MEDINA delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice WAINWRIGHT, Justice GREEN, Justice JOHNSON, and Justice WILLETT joined.

In this original mandamus proceeding, the relator seeks to compel arbitration in accordance with its agreement in the underlying case. The other putative party to the agreement resists arbitration on the ground that she lacked the mental capacity to assent to the contract. The question here is whether...

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