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BESS v. CHECK EXPRESS

No. 00-16479.

294 F.3d 1298 (2002)

Elizabeth BESS, Deborah George, Terry Stough, individually and as representatives of a class of similarly situated persons, Plaintiffs-Appellees, v. CHECK EXPRESS, d.b.a. Payday Now, Quik Pawn Shop Franchising, Inc., et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 19, 2002.

Attorney(s) appearing for the Case

George W. Walker, III, Shannon L. Holiday, Copeland, Franco, Screws & Gill, P.A., Montgomery, AL, J. Mark White, William M. Bowen, Jr., White, Dunn & Booker, Birmingham, AL, for Defendants-Appellants.

Michael Skotnicki, Birmingham, AL, for Plaintiffs-Appellees.

Vaneta Lynne Windham, State Banking Dept., Montgomery, AL, for Alabama State Banking Dept., Amicus Curiae.

Before BIRCH, COX and ALARCON, Circuit Judges.

COX, Circuit Judge:

Express Check Services, Inc., doing business as PayDay Now ("PayDay"), and Quick Pawn Shop Franchising, Inc., Frank Evans, Charlotte Evans, and Jeffrey Evans (collectively referred to as "the other defendants"), appeal the district court's denial of their motion to compel arbitration of the claims against them by Luna Clifton Colburn. We vacate and remand for a trial on how many of Colburn's claims are subject to arbitration.

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