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TERMINIX INTERN. v. PALMER RANCH LTD. PARTNERSHIP

No. 04-14527.

432 F.3d 1327 (2005)

TERMINIX INTERNATIONAL COMPANY, LP, Plaintiff-Appellant, v. PALMER RANCH LIMITED PARTNERSHIP, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 16, 2005.

Attorney(s) appearing for the Case

William J. Nissen, Sidley, Austin, Brown & Wood, LLP, Chicago, IL, Aaron D. Lyons, McClelland, Jones, Lyons & Lacey, LC, Melbourne, FL, John K. Van De Weert, Jr., Sidney, Austin, Brown & Wood, LLP, Washington, DC, for Plaintiff-Appellant.

Peter M. Cardillo, Cardillo Law Firm, Tampa, FL, for Defendant-Appellee.

Before TJOFLAT and KRAVITCH, Circuit Judges, and MILLS, District Judge.

TJOFLAT, Circuit Judge:

This is another arbitration dispute in which the parties are litigating whether or not they should be litigating. The familiar scenario is that the parties agree in writing to arbitrate any disputes between them, but then one party files a lawsuit taking the position that the agreement to arbitrate is inapplicable, invalid, or unenforceable for one reason or another.

Anders v. Hometown Mortgage Servs., 346 F...

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