WALTON v. ROSE MOBILE HOMES LLC

No. 00-60742.

298 F.3d 470 (2002)

Thomas E. WALTON; Le'Ellen Walton, Plaintiffs-Appellees, v. ROSE MOBILE HOMES LLC; et al., Defendants, Southern Energy Homes, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 30, 2002.


Attorney(s) appearing for the Case

Amanda Lee Trawick (argued), John Gibson Compton, Witherspoon & Compton, Meridian, MS, for Plaintiffs-Appellees.

James L. Quinn (argued), Zachary & Leggett, Hattiesburg, MS, Robert Emmett Kerrigan, Jr. (argued), W. Clay McGehee, Isaac H. Ryan, Deutsch, Kerrigan & Stiles, New Orleans, LA, Wayne Scott Simpson, Southern Energy Homes Inc., Birmingham, AL, for Defendant-Appellant.

Before KING, Chief Judge, and JOLLY and EMILIO M. GARZA, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

Defendant-Appellant Southern Energy Homes, Inc. appeals the district court's denial of its motion to compel arbitration of the Waltons' claim for breach of express written warranty under the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301-12 (1994). For the following reasons, we REVERSE and REMAND.

I

In January 1999, Plaintiffs-Appellees Thomas and Le'Ellen Walton ("the Waltons") purchased a mobile home manufactured...

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