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IN RE NEXION HEALTH AT HUMBLE, INC. D/B/A HUMBLE HEALTHCARE CENTER (Other)
State: Texas
Court: Supreme Court
Docket No: 04-0360
Case Date: 05/27/2005
Judge: (Tex. App. Houston [1st Dist.] 2005). Because this issue has not been reviewed b
Preview:IN RE NEXION HEALTH AT HUMBLE, INC. D/B/A HUMBLE HEALTHCARE CENTER (Other)
IN THE SUPREME COURT OF TEXAS

No. 04-0360

In re Nexion Health at Humble, Inc. d/b/a Humble Healthcare Center, Relator

On Petition for Writ of Mandamus

SUPPLEMENTAL PER CURIAM ON MOTION FOR REHEARING OF CAUSE

On rehearing, the real party raised for the first time that the Federal Arbitration Act is reverse preempted by the McCarran-Ferguson Act, citing for authority the Houston court of appeals decision in In re Kepka. See McCarranFerguson Act, 15 U.S.C. 1012(b); Federal Arbitration Act, 9 U.S.C. 1, et. seq.; see also In re Kepka, ___S.W.3d___ (Tex. App. Houston [1st Dist.] 2005). Because this issue has not been reviewed by the courts below, we decline to reach the issue and express no opinion as to the merits of this argument. OPINION DELIVERED: October 14, 2005

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