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MS DEALER SERVICE CORP. v. FRANKLIN

No. 98-6699.

177 F.3d 942 (1999)

MS DEALER SERVICE CORP., Plaintiff-Appellant, v. Sharon D. FRANKLIN, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 28, 1999.

Attorney(s) appearing for the Case

Stephanie Keller Womack, M. Christian King, Madeline H. Haikala, Lightfoot, Franklin & White, LLC, Birmingham, AL, for Plaintiff-Appellant.

Earl P. Underwood, Jr., Underwood & Associates, Anniston, AL, for Defendant-Appellee.

Before BARKETT, Circuit Judge, and KRAVITCH and MAGILL, Senior Circuit Judges.

MAGILL, Senior Circuit Judge:

MS Dealer Service Corporation ("MS Dealer") appeals from the dismissal of its petition to compel Sharon Franklin to participate in arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16. We reverse.

I.

In May 1996 Sharon Franklin and Jim Burke Motors, Inc. ("Jim Burke") executed a "Buyers Order," whereby Franklin contractually agreed to purchase a vehicle from Jim Burke. The Buyers Order incorporates...

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