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TERMINIX INTERN., INC. v. RICE

Nos. 2003-IA-02502-SCT, 2003-CA-02548-SCT.

904 So.2d 1051 (2004)

TERMINIX INTERNATIONAL, INC., Limited Partnership, Ray Stites and Anthony C. Fagan v. David RICE and Cynthia O. Rice. Ray Stites, Anthony C. Fagan and Terminix International Company, Limited Partnership v. David Rice and Cynthia O. Rice.

Supreme Court of Mississippi.

December 9, 2004.

Attorney(s) appearing for the Case

Samuel Ernest Linton Anderson, Arthur F. Jernigan, Jr., Jackson, William W. Busching, attorneys for appellants.

Terry L. Caves, Laurel, Jerry Dean Sharp, attorneys for appellees.

Before SMITH, C.J., CARLSON and DICKINSON, JJ.

DICKINSON, Justice, for the Court.

¶ 1. We must decide in this case whether the plaintiffs must pursue their claim in arbitration.

BACKGROUND AND PROCEEDINGS

¶ 2. Dr. David Rice contracted with Terminix International, Inc. to provide protection from termites for the home he and his wife, Cynthia, built in Laurel. The contract, called "Termite Protection Plan," provided that Terminix would protect the Rices' home against infestations of...

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