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MEMBERWORKS, INC. v. YANCE

1021460.

899 So.2d 940 (2004)

MEMBERWORKS, INC. v. James A. YANCE, Jr.

Supreme Court of Alabama.

Rehearing Denied October 29, 2004.

Attorney(s) appearing for the Case

G. Bartley Loftin III and Ashley Swink Sheehan of Balch & Bingham, LLP, Huntsville, for appellant.

S.C. Middlebrooks and R. Tucker Yance of Gardner, Middlebrooks, Gibbons, Kittrell & Olsen, Mobile; and Sam Heldman of Gardner, Middlebrooks, Gibbons, Kittrell & Olsen, Washington, D.C., for appellee.

SEE, Justice.1

Memberworks, Inc., a defendant in an action pending in the Mobile Circuit Court, appeals from that court's order denying its motion to compel arbitration. Memberworks argues that it has proven the existence of a contract calling for arbitration and has proven that that contract involves a transaction substantially affecting interstate commerce. James A. Yance, Jr., the plaintiff, argues that he never assented to an agreement...

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