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ROGERS FOUNDATION REPAIR, INC. v. POWELL

1980717, 1980797, and 1980909.

748 So.2d 869 (1999)

ROGERS FOUNDATION REPAIR, INC. v. Jeanne POWELL. Daniel Powell and Jeanne Powell v. Rogers Foundation Repair, Inc. Ex parte Daniel Powell. Re Daniel Powell and Jeanne Powell v. Rogers Foundation Repair, Inc.

Supreme Court of Alabama.

November 5, 1999.

Attorney(s) appearing for the Case

Jeffrey L. Luther and Betsy M. Turner of Luther, Oldenburg & Rainey, P.C., Mobile, for Rogers Foundation Repair, Inc.

Edward P. Turner, Jr., and E. Tatum Turner of Turner, Onderdonk, Kimbrough & Howell, P.A., Chatom, for Daniel Powell and Jeanne Powell.

JOHNSTONE, Justice.

The ultimate issue in all three matters before us for review is whether or not, under the particular facts of this case, the arbitration provisions in a contract may be specifically enforced by the defendant against the plaintiffs. We hold that the arbitration provisions cannot be specifically enforced.

Plaintiff Daniel Powell engaged Rogers Foundation Repair, Inc. (hereinafter, "Rogers"), to repair the chimney of the residence Powell jointly...

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