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COX v. WOODMEN OF WORLD INS.CO.

No. 3382.

347 S.C. 460 (2001)

556 S.E.2d 397

Gerald COX, Vickie Cox, William Sulzer, Virginia Marie Sulzer, Thomas Mitchum, Sr. and Corine H. Mitchum, on behalf of themselves and all others similarly situated, Respondents, v. WOODMEN OF THE WORLD INSURANCE COMPANY, Jerry D. Rogers and James K. Dowey, Appellants.

Court of Appeals of South Carolina.

Decided September 4, 2001.

Rehearing Denied December 20, 2001.

Attorney(s) appearing for the Case

Evans Taylor Barnette, of McCutchen, Blanton, Rhodes & Johnson, of Columbia; and Charles R. Norris, of Nelson, Mullins, Riley & Scarborough, of Charleston, for appellants.

T.S. Stern, Jr., and Karen W. Creech, both of Covington, Patrick, Hagins, Stern & Lewis, of Greenville; and Paul J. Doolittle, Timothy E. Eble and Michael J. Brickman, all of Ness, Motley, Loadholt, Richardson & Poole, of Charleston, for respondents.

HUFF, Judge:

Woodmen of the World Insurance Company, Jerry D. Rogers and James K. Dowey appeal the trial court's denial of their motion to compel arbitration. Woodmen also appeals the trial court's denial of its motion to dismiss pursuant to Rule 12(b)(8), SCRCP. We reverse the denial of the motion to compel arbitration and affirm the denial of the motion to dismiss.

FACTS

Woodmen is a fraternal benefits society organized and existing under...

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