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NORTHCOM, LTD. v. JAMES

1941697.

694 So.2d 1329 (1997)

NORTHCOM, LTD., et al. v. R. E. JAMES, et al.

Supreme Court of Alabama.

May 9, 1997.

Attorney(s) appearing for the Case

Richard W. Whittaker, Enterprise, for appellants.

Joe C. Cassady, Enterprise, for appellees.

C. Lee Reeves and Sandra L. Vinik of Sirote & Permutt, P.C., Birmingham, for amici curiae 1st Franklin Financial Services, Trans Am erica Financial Services, and Alabama Lenders Ass'n.

Laurence D. Vinson, Jr., of Bradley, Arant, Rose & White, L.L.P., Birmingham, for amici curiae Business Council of Alabama and National Federation of Independent Business.

John M. Galese, Birmingham; and Robert A. Huffaker and William H. Webster of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for amici curiae Automobile Dealers' Ass'n of Alabama, Inc., and Alabama Independent Automobile Dealers' Ass'n in support of application for rehearing.

On Application for Rehearing

ALMON, Justice.

The opinion released on January 10, 1997, is withdrawn and the following is substituted as the opinion of the Court.

The defendants Northcom, Ltd., Jerry Oakley, and William R. McDonald III appeal from the denial of their motion to compel arbitration. The issues are whether the arbitration clause in the contract between the parties applies to their present dispute and whether the arbitration clause...

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