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SAFER v. NELSON FINANCIAL GROUP, INC.

No. 04-31092.

422 F.3d 289 (2005)

Joel J. SAFER; Melanie M. Safer; Victoria Thompson, as Trustee for the Heidi Elizabeth Safer Insurance Trust No. 1, the Joel Jarrett Safer II Insurance Trust No. 1, the Kelli Carpenter Insurance Trust No. 1 and the Charles Patrick Carpenter Insurance Trust No. 1, Plaintiffs-Appellees, v. NELSON FINANCIAL GROUP, INC.; William J. Nelson, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 18, 2005.

Attorney(s) appearing for the Case

Gerald L. Walter, Jr. (argued), John Burden Noland, Jr., Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, for Plaintiffs-Appellees.

Duris Lee Holmes (argued), Deutsch, Kerrigan & Stiles, New Orleans, LA, for Defendants-Appellants.

Before KING, Chief Judge, DAVIS, Circuit Judge, and FITZWATER, District Judge.

KING, Chief Judge:

Defendants-Appellants William Nelson and Nelson Financial Group, Inc. appeal the district court's denial of their motion for order staying action pending arbitration and compelling arbitration. For the following reasons, we REVERSE the district court's judgment denying this motion.

I. FACTUAL AND PROCEDURAL BACKGROUND

In the spring of 2000, Dr. Joel Safer, a sixty-year-old dentist nearing retirement, received a solicitation from...

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