Justice BRISTER delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice GREEN, and Justice "WILLETT joined, and in which Justice HECHT and Justice MEDINA joined as to Parts I, III-A, and IV, Justice O’NEILL joined as to Parts I, III, and IV, and Justice WAINWRIGHT and Justice JOHNSON joined as to Parts I, II, and IV. In considering referral to arbitration, the q…
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