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HOME BUYERS WARRANTY CORP. v. HANNA

No. 13-1834.

750 F.3d 427 (2014)

HOME BUYERS WARRANTY CORPORATION, a Colorado corporation; National Home Insurance Company (a Risk Retention Group), a Colorado corporation; New Home Warranty Insurance Company (a Risk Retention Group), a Colorado corporation, Petitioners-Appellants, v. Lois HANNA, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 29, 2014.

Attorney(s) appearing for the Case

ARGUED: Carlos Victor Yguico , Gemmill Baldridge & Yguico, Los Angeles, California, for Appellants. Christopher Brinkley , Masters Law Firm, LC, Charleston, West Virginia, for Appellee. ON BRIEF: James W. Marshall , Bailey & Wyant, PLLC, Charleston, West Virginia, for Appellants.

Remanded with directions by published opinion. Judge WILKINSON wrote the opinion, in which Judge MOTZ and Judge DIAZ joined.

WILKINSON, Circuit Judge:

Lois Hanna filed a lawsuit in state court against multiple defendants alleging various construction defects in her recently completed home. Petitioners are a subset of defendants in the state court suit because of a warranty they issued on Hanna's home. They subsequently filed in federal district court a petition to compel Hanna to arbitrate her claims against them based on an arbitration clause in the warranty. Petitioners predicated subject...

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