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COTTON COMMERCIAL USA v. CLEAR CREEK

No. 14-12-00272-CV.

387 S.W.3d 99 (2012)

COTTON COMMERCIAL USA, INC., Appellant v. CLEAR CREEK INDEPENDENT SCHOOL DISTRICT, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

November 6, 2012.

Attorney(s) appearing for the Case

Cynthia Ann Holub , Lauren Beck Harris , Houston, TX, for Appellant.

Richard A. Morris , Jonathan Griffin Brush , Houston, TX, for Appellee.

Panel consists of Justices BOYCE, CHRISTOPHER, and McCALLY.

OPINION

SHARON McCALLY, Justice.

Appellant, Cotton Commercial USA, Inc. (hereinafter "SURVIVING COMPANY"), appeals the trial court's order denying its motion to compel arbitration of appellee's, Clear Creek Independent School District (hereinafter "the School District"), claims. We affirm, in part, and reverse and remand, in part.

I. BACKGROUND

On September 8, 2012, the School District executed a "Restoration Service Agreement" with Cotton...

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