in Re Kraft Foods Global, Inc. & Superior Agresource, Inc.

Opinion issued November 4, 2004









In The

Court of Appeals

For the

First District of Texas

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NO. 01-04-00920-CV

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IN RE KRAFT FOODS GLOBAL, INC. aka KRAFT FOODS NORTH AMERICA, INC. AND SUPERIOR AGRESOURCE, INC., Relators





Original Proceeding on Petition for Writ of Mandamus





MEMORANDUM OPINIONRelators, Kraft Foods Global, Inc. aka Kraft Foods North America, Inc. and Superior AgResource, Inc. have filed a petition for writ of mandamus complaining of an order signed by Judge Mark Davidson on August 19, 2004, which ordered that the case be “remanded to the American Arbitration Association to hear and decide all disputes between Plaintiffs and Defendants, including, without limitation, all claims and causes of action arising out of or related to actions, conduct, agreements and contracts occurring prior to, simultaneously with, or subsequent to the Interim Agreement.”

          We deny relators’ petition for a writ of mandamus and lift our stay order issued on September 2, 2004.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Alcala and Higley.