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LONG JOHN SILVER'S RESTAURANTS, INC. v. COLE

Civil Action No. 6:05-3039-HFF.

409 F.Supp.2d 682 (2006)

LONG JOHN SILVER'S RESTAURANTS, INC. and Long John Silver's, Inc., Movants, v. Erin COLE, Nick Kaufman, and Victoria McWhorter, Respondents.

United States District Court, D. South Carolina, Greenville Division.

January 20, 2006.

Attorney(s) appearing for the Case

Frank S. Holleman, III, Henry L. Parr, Jr., J. Theodore Gentry, Wyche Burgess Freeman and Parham, Greenville, SC, Robert P. Davis, Mayer Brown and Rowe, Washington, DC, William Douglas Smith, Johnson Smith Hibbard and Wildman, Spartanburg, SC, for Plaintiff.

Brian P. Murphy, Murphy and Grow Law Offices, Greenville, SC, Darrell L. West, Morris Reid Estes, Jr., Stewart Estes and Donnell, Nashville, TN, for Defendant.

Gary Elmore Clary, pro se.

George John Conits, U.S. Attorneys Office, Greenville, SC, for Amicus.

MEMORANDUM OPINION AND ORDER

FLOYD, District Judge.

I. INTRODUCTION

This is an action to vacate a class determination award of an arbitrator who determined that Respondents would be representative plaintiffs of an opt-out class. The Court has jurisdiction over this action pursuant to 28 U.S.C. § 1332. Currently pending before the Court is Movants' motion to vacate the arbitrator...

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