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CUNNINGHAM v. FLEETWOOD HOMES OF GEORGIA, INC.

Nos. 00-12225, 00-12510.

253 F.3d 611 (2001)

Gary R. CUNNINGHAM, Delores Cunningham, Plaintiffs-Appellees, v. FLEETWOOD HOMES OF GEORGIA, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 6, 2001.

Attorney(s) appearing for the Case

Jeffrey Patton Lisenby, Bradley, Arant, Rose & White, LLP, Birmingham, AL, for Defendant-Appellant.

Earl Price Underwood, Jr., Anniston, AL, for Plaintiffs-Appellees.

Before ANDERSON, Chief Judge, and HULL and COX, Circuit Judges.

COX, Circuit Judge:

Fleetwood Homes of Georgia, Inc. (Fleetwood) appeals the district court's denial of Fleetwood's motion to compel arbitration pursuant to 9 U.S.C. § 16(a).

I. FACTS

In April of 1998, Gary and Delores Cunningham (the Cunninghams) purchased a new mobile home manufactured by Fleetwood from Ronnie Smith's Home Center, Inc. (Ronnie Smith's). The mobile home came with a manufacturer's warranty...

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