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BHP BILLITON PETROLEUM v. ATLANTIA OFFSHORE

Nos. 01-09-00509-CV, 01-09-00647-CV.

312 S.W.3d 813 (2009)

BHP BILLITON PETROLEUM (AMERICAS) INC., Appellant, v. ATLANTIA OFFSHORE LIMITED, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

December 4, 2009.

Attorney(s) appearing for the Case

Glenn Richard Legge, Legge, Farrow, Kimmitt, McGrath & Brown L.L.P., Houston, TX, for Appellant.

Adam P. Schiffer, Schiffer Odom Hicks & Johnson PLLC, Houston, TX, for Appellee.

Panel consists of Justices JENNINGS, HIGLEY, and SHARP.

OPINION

TERRY JENNINGS, Justice.

In this interlocutory appeal,1 appellant, BHP Billiton Petroleum (Americas) Inc., challenges the trial court's temporary injunction enjoining it from pursuing a "second-filed arbitration" on its claim for breach of a construction contract against appellee, Atlantia Offshore Limited. Concluding that the arbitration involved "the same parties and same disputes" subject to an already pending arbitration...

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