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FRIEDMAN'S INC. v. DUNLAP

No. 01-1407.

290 F.3d 191 (2002)

FRIEDMAN'S, INCORPORATED; American Bankers Insurance Company of Florida; American Bankers Life Assurance Company of Florida, Plaintiffs-Appellants, v. James DUNLAP, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 9, 2002.

Attorney(s) appearing for the Case

ARGUED: Charles Leslie Woody, Spilman, Thomas & Battle, P.L.L.C., Charleston, West Virginia, for Appellants. John William Barrett, The Grubb Law Group, Charleston, West Virginia, for Appellee. ON BRIEF: Gregory R. Hanthorn, Jones, Day, Reavis & Pogue, Atlanta, Georgia; Farrokh Jhabvala, Jorden Burt, L.L.P., Miami, Florida; P. Michael Pleska, Bowles, Rice, McDavid, Graff & Love, P.L.L.C., Charleston, West Virginia, for Appellants. John W. Barrett, The Grubb Law Group, Charleston, West Virginia; Brian A. Glasser, Bailey & Glasser, L.L.P., Charleston, West Virginia, for Appellee.

Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges.

Affirmed by published opinion. Judge TRAXLER wrote the majority opinion, in which Judge DIANA GRIBBON MOTZ joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

TRAXLER, Circuit Judge.

Appellants Friedman's, Inc., American Bankers Insurance Company of Florida, and American Bankers Life Assurance Company of Florida (collectively "Friedman's") brought an action against Appellee James Dunlap under the Federal Arbitration Act, see 9 U.S.C...

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