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IN RE SWIFT TRANSP. CO., INC.

No. 08-08-00348-CV.

311 S.W.3d 484 (2009)

In re: SWIFT TRANSPORTATION COMPANY, INC., Relator.

Court of Appeals of Texas, El Paso.

July 8, 2009.

Attorney(s) appearing for the Case

Michael Paul Sharp, Fee Smith Sharp & Vitullo, LLP, Dallas, TX, for Relator.

Joseph Isaac, Scherr & legate, PLLC, El Paso, TX, for Real Party In Interest.

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

OPINION ON PETITION FOR WRIT OF MANDAMUS

ANN CRAWFORD McCLURE, Justice.

Relator, Swift Transportation Company, Inc., seeks a writ of mandamus to require the Honorable David C. Guaderrama, Judge of the 243rd District Court, to grant its motion to compel arbitration. For the reasons that follow, we deny relief.

FACTUAL SUMMARY

Jose Valtierra, the real party in interest, has been employed by Swift since August 31, 2005 as an over-the...

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