IN THE SUPREME COURT OF TEXAS
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No. 04-0360
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In re Nexion Health at Humble, Inc.
d/b/a Humble Healthcare Center,
Relator
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On Petition for Writ of Mandamus
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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 McCarran-Ferguson 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