in Re MacGregor (FIN) Oy

Opinion issued November 10, 2005

In The

Court of Appeals

For The

First District of Texas

NO. 01-02-01318-CV

IN RE MACGREGOR (FIN) OY, Relator

Original Proceeding on Petition for Writ of Mandamus

SUPPLEMENTAL OPINION ON REMAND

On July 10, 2003, we issued our original opinion in the above-referenced

cause. See In re MacGregor (FIN) OY , 126 S.W.3d 176 , 184–85 (Tex.

App.—Houston [1st Dist.] 2003, orig. proceeding). On May 20, 2005, the Texas

Supreme Court conditionally granted mandamus relief and ordered this Court to

“vacate its order compelling KBR to ‘arbitrate all claims.’” In re Kellogg Brown &

Root, Inc. , 166 S.W.3d 732, 742 (Tex. 2005). In our July 10, 2003 opinion, we

decreed:

The trial court is ordered to vacate its order denying MacGregor’s plea in abatement and motion to compel arbitration, to issue an

order compelling KBR to arbitrate all claims, and to stay all

proceedings pending arbitration. Only if the trial court fails to

comply with these directions shall we instruct the clerk to issue

the writ.

In re MacGregor , 126 S.W.3d at 184–85. In accordance with the supreme court’s

order, we vacate only the hereinabove-quoted decree of our July 10, 2003 opinion and

issue the following decree in its stead:

The trial court is ordered to vacate its order denying MacGregor’s

plea in abatement and motion to compel arbitration and to stay all

proceedings pending arbitration. Only if the trial court fails to

comply with these directions shall we instruct the clerk to issue

the writ.

Evelyn V. Keyes

Justice

Panel consists of Justices Taft, Nuchia, and Keyes.