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STATE EX REL. VINCENT v. SCHNEIDER

No. SC 87203.

194 S.W.3d 853 (2006)

STATE ex rel. Gayle VINCENT, et al., Relators, v. Honorable Nancy SCHNEIDER, Judge, Eleventh Judicial Circuit, Respondent.

Supreme Court of Missouri, En Banc.

June 30, 2006.

Attorney(s) appearing for the Case

David C. Knieriem, Clayton, for relators.

Steven M. Cockriel, St. Louis, for respondent.

James B. Deutsch, Jane A. Smith, Jefferson City, for Amicus Curiae Home Builders Association of Greater St. Louis.

Original Proceeding in Mandamus

WILLIAM RAY PRICE, JR., Judge.

I

Relators seek to direct the trial court (Respondent) to deny defendant's motion to compel arbitration. Portions of the arbitration provision are unconscionable and unenforceable, but the case may proceed, consistent with this opinion, after the trial court selects an arbitrator.

II

Relators, plaintiffs below, were purchasers of single family homes from defendant...

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