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McKEE v. HOME BUYERS WARRANTY CORP. II

No. 94-30153.

45 F.3d 981 (1995)

Karen McKEE, Wife of/and Curtis K. Kilpatrick, Plaintiffs-Appellants, v. HOME BUYERS WARRANTY CORPORATION II, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 27, 1995.

Attorney(s) appearing for the Case

Michael R. Allweiss, Steven M. Spiegel, Lowe, Stein, Hoffman, Allweiss & Hauver, New Orleans, LA, for appellants.

Jay H. Kern, Charles C. Coffee, Simon, Peragine, Smith & Redfearn, New Orleans, LA, for appellee.

Before WHITE, Associate Justice (Ret.), BARKSDALE and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

Karen McKee, Wife of/and Curtis K. Kilpatrick (the "Kilpatricks") filed this action against Home Buyers Warranty Corporation II ("HBW") to recover for damage to their home which they contend was covered under HBW's structural warranty. HBW filed a motion for summary judgment, contending that the dispute was conclusively resolved in a prior arbitration. The district court granted the motion. The Kilpatricks now appeal, contending that...

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