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STATE EX REL. RICHMOND AMERICAN HOMES OF WEST VIRGINIA v. SANDERS

No. 11-0770.

717 S.E.2d 909 (2011)

STATE of West Virginia, ex rel. RICHMOND AMERICAN HOMES OF WEST VIRGINIA, INC., and M.D.C. Holdings, Inc., et al., Petitioners v. Honorable David H. SANDERS, Judge of the Circuit Court of Jefferson County, West Virginia, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 21, 2011.

Attorney(s) appearing for the Case

A.L. Emch, Esq. , Rodney Stieger, Esq. , Jackson Kelly PLLC, Charleston, WV, for the Petitioners.

Christopher J. Regan, Esq. , James G. Bordas, III, Esq. , Jason E. Causey, Esq. , Bordas & Bordas, PLLC, Wheeling, WV, Andrew C. Skinner, Esq. , Laura C. Davis, Esq. , Charles Town, WV, for the Respondent.

KETCHUM, Justice:

In this petition seeking a writ of prohibition, we are once again asked to wrestle with the arbitration bear.1 The Federal Arbitration Act ("the FAA")2 indicates a congressional intent to protect arbitration agreements, and ensure that courts treat them like any other contract. But the FAA does not require courts to enforce an arbitration clause when the parties never reached a "meeting of...

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