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ALLSTAR HOMES, INC. v. WATERS

1951955.

711 So.2d 924 (1997)

ALLSTAR HOMES, INC., d/b/a Best Value Mobile Homes, et al. v. Rex WATERS.

Supreme Court of Alabama.

Rehearing Overruled March 20, 1998.

Attorney(s) appearing for the Case

A. Joe Peddy and David A. Hughes of Smith, Spires & Peddy, P.C., Birmingham, for appellants.

Scott A. Powell and Bruce J. McKee of Hare, Wynn, Newell & Newton, Birmingham, for appellee.

A. Joe Peddy, David A. Hughes, and Jacob C. Swygert of Smith, Spires & Peddy, P.C., Birmingham, for appellants (on application for rehearing).

Evan M. Tager and Harold S. Reeves of Mayer, Brown & Platt, Washington DC; and Phillip E. Stano, Washington, DC, for amicus curiae American Council of Life Insurance (on application for rehearing).

With Dissenting Opinion.

BUTTS, Justice.

Allstar Homes, Inc., doing business as Best Value Mobile Homes; and its agents Harold Dye and Phil Zuccala (hereinafter referred to collectively as "Allstar") appeal from the trial court's order denying their motion to compel arbitration of claims brought by the plaintiff, Rex Waters. We affirm.

In February 1995, Rex Waters entered into a contract with Allstar Homes for the purchase of a mobile home. The contract...

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