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ASBURY AUTOMOTIVE USED CAR CENTER v. BROSH

No. 05-290.

220 S.W.3d 637 (2005)

ASBURY AUTOMOTIVE USED CAR CENTER, L.L.C., Appellant, v. Patric BROSH, Mark Lunsford, Mel Anderson, NCAS, L.L.C. and New Century Auto Sales Corporation, Appellees.

Supreme Court of Arkansas.

December 15, 2005.

Attorney(s) appearing for the Case

Warner, Smith & Harris, PLC, by: G. Alan Wooten and J. Steven Bell, Fort Smith, for appellant.

Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., by: Robert K. Rhoads, Fayetteville, T. Lane Wilson, and Karissa K. Cottom, Tulsa, for appellees.

TOM GLAZE, Justice.

This is an interlocutory appeal from an order of the trial court denying a motion filed by appellant Asbury Automotive Used Car Center ("Asbury") to compel arbitration. In the mid-1990s, appellees Patric Brosh, Mark Lunsford, and Mel Anderson developed a concept of selling used cars from Wal-Mart parking lots. Brosh, Lunsford, and Anderson's company, appellee New Century Auto Sales Corporation ("New Century"), entered into a lease agreement with...

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