LONG v. SILVER

No. 00-1612.

248 F.3d 309 (2001)

D. Joseph LONG, individually and derivatively as a shareholder of Regency Home Fashions, Incorporated, Plaintiff-Appellee, v. Louis L. SILVER, individually and in his fiduciary capacity as a shareholder of Regency Home Fashions, Incorporated and as trustee of the express of the Louis L. Silver living trust; All Unknown Beneficiaries of the Louis L. Silver Living Trust; Ronald Grossman, individually and in his fiduciary capacity as an officer and shareholder of Regency Homes, Incorporated; Kevin Creegan, individually and in his fiduciary capacity as an officer and shareholder of Regency Homes, Incorporated; Regency Home Fashions, Incorporated, Defendants-Appellants, and Hertz, Herson & Company, LLP, Certified Public Accountants, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: April 27, 2001.


Attorney(s) appearing for the Case

ARGUED: Alan Meredith Ruley, Bell, Davis & Pitt, P.A., Winston Salem, North Carolina, for Defendants-Appellants. Paul E. Culpepper, Tate, Young, Morphis, Bach & Taylor, Hickory, North Carolina, for Plaintiff-Appellee.

ON BRIEF: James R. Fox, Bell, Davis & Pitt, P.A., Winston Salem, North Carolina, for Defendants-Appellants. Thomas C. Morphis, Sr., Tate, Young, Morphis, Bach & Taylor, Hickory, North Carolina, for Plaintiff-Appellee.

Before WILKINS, WILLIAMS, and TRAXLER, Circuit Judges.


Vacated and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge WILKINS and Judge TRAXLER joined.

OPINION

WILLIAMS, Circuit Judge:

Louis L. Silver, Ronald Grossman, Kevin Creegan, and Regency Home Fashions, Inc. (collectively, "Regency"), appeal from the magistrate judge's denial of their motion to compel arbitration and to stay litigation pending arbitration.1 Relying upon a line of cases...

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