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AMERICAN HERITAGE LIFE INS. CO. v. LANG

No. 02-60639 Summary Calendar.

321 F.3d 533 (2003)

AMERICAN HERITAGE LIFE INSURANCE COMPANY; First Colonial Insurance Company; and Fidelity National Corporation, d/b/a Republic Finance, Inc., Plaintiffs-Appellants, v. Ellis B. LANG, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 26, 2003.

Attorney(s) appearing for the Case

Rik Stanford Tozzi, Starnes & Atchison, Birmingham, AL, for Plaintiffs-Appellants.

Roman Ashley Shaul, Beasley, Allen, Crow, Methvin, Portis & Miles, Montgomery, AL, for Defendant-Appellee.

Before HIGGINBOTHAM, SMITH and CLEMENT, Circuit Judges.

CLEMENT, Circuit Judge:

Plaintiffs-Appellants assert that the district court erred in denying their motion to compel arbitration. This Court remands to the district court for adjudication of Defendant-Appellee's claim of fraud in the inducement.

I. FACTS & PROCEEDINGS

On September 13, 2001, Plaintiffs-Appellants American Heritage Life Insurance Company ("American Heritage"), First Colonial Insurance Company ("First Colonial"), and Fidelity National...

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