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IN RE VILLANUEVA

No. 08-08-00329-CV.

311 S.W.3d 475 (2009)

In re: Jose Luis VILLANUEVA, Relator.

Court of Appeals of Texas, El Paso.

Order Overruling Rehearing October 28, 2009.

Attorney(s) appearing for the Case

John P. Mobbs, Attorney At Law, El Paso, TX, for Relator.

Michael Paul Sharp, Fee Smith Sharp & Vitullo, LLP, Dallas, TX, for Real Party In Interest.

Before McCLURE, RIVERA, JJ., and BARAJAS, C.J. (Ret., sitting by assignment).

OPINION ON PETITION FOR WRIT OF MANDAMUS

ANN CRAWFORD McCLURE, Justice.

Relator, Jose Luis Villanueva, seeks a writ of mandamus to require the Honorable Gonzalo Garcia, Judge of the 210th District Court, to set aside an order granting Swift Transportation Company, Inc.'s (Swift) motion to compel arbitration under the Federal Arbitration Act. For the reasons that follow, we conditionally grant relief.

FACTUAL SUMMARY

Villanueva has...

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