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WACHOVIA BANK v. SCHMIDT

No. 03-2061.

388 F.3d 414 (2004)

WACHOVIA BANK, NATIONAL ASSOCIATION, Plaintiff-Appellant, v. Daniel G. SCHMIDT III; Priag LLC; DGS Investments, INC., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: November 1, 2004.

Attorney(s) appearing for the Case

ARGUED: Stephen Montgomery Cox, Robinson, Bradshaw & Hinson, P.A., Rock Hill, South Carolina, for Appellant. T. English McCutchen, III, L. Susan Foxworth, McCutchen, Blanton, Johnson & Barnette, L.L.P., Columbia, South Carolina, for Appellees. ON BRIEF: Robert W. Fuller, III, Robinson, Bradshaw & Hinson, P.A., Charlotte, North Carolina, for Appellant. James R. Gilreath, The Gilreath Law Firm, Greenville, South Carolina; John P. Freeman, Columbia, South Carolina, for Appellees.

Before LUTTIG and KING, Circuit Judges, and Robert R. BEEZER, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Vacated and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Senior Judge BEEZER joined. Judge KING wrote a dissenting opinion.

OPINION

LUTTIG, Circuit Judge:

Appellant Wachovia Bank, a national banking association with its principal place of business in North Carolina, appeals from the district court's denial of its petition to compel arbitration of claims that appellee Daniel G. Schmidt III brought against Wachovia in state...

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