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LIBERTY BUILDERS, INC. v. HORTON

No. 3039.

336 S.C. 658 (1999)

521 S.E.2d 749

LIBERTY BUILDERS, INC., Appellant, v. Barbara C. HORTON, as Personal Representative of the Estate of William Gregory Horton, and Andrew G. Horton, Respondents. Liberty Builders, Inc., Third-Party Plaintiff, v. Triple E. Sales and Surplus, Inc., d/b/a Jefferson Lumber Company, and USCO, Incorporated, Third-Party Defendants.

Court of Appeals of South Carolina.

Decided August 23, 1999.

Rehearing Denied November 6, 1999.

Attorney(s) appearing for the Case

Lex A. Rogerson, Jr., of Lexington, for appellant.

James I. Redfearn, of Chesterfield, for respondents.

HEARN, Judge:

This is an appeal from an order denying a motion to stay this action pending arbitration. We affirm.

FACTS

On July 27, 1993, Liberty Builders, Inc. contracted to build a house for William Gregory Horton and Andrew G. Horton. The construction contract provided for arbitration as follows: "All disputes hereunder shall be resolved by binding arbitration in accordance with rules of the American Arbitration Association."

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