OVERSTREET v. CONTIGROUP COMPANIES, INC.

No. 05-60953.

462 F.3d 409 (2006)

Gertrude OVERSTREET, Plaintiff-Appellee, v. CONTIGROUP COMPANIES, INC., formerly known as Continental Grain Company; Wayne Farms, LLC, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 23, 2006.


Attorney(s) appearing for the Case

John Dudley Butler (argued), Benton, MS, for Plaintiff-Appellee.

Michael Brunson Wallace, Debra Marie Brown (argued), Phelps Dunbar, Jackson, MS, for Defendants-Appellants.

Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.


DeMOSS, Circuit Judge:

INTRODUCTION

Defendants-Appellants Contigroup Companies, Inc. and Wayne Farms, LLC (collectively, "Appellants") appeal the district court's denial of their motion for stay and to compel arbitration. The court denied the motion after concluding that the arbitration clause in the parties' governing contract was unconscionable as it applied to Plaintiff-Appellee Gertrude Overstreet ("Appellee"). For two separate reasons, we REVERSE and...

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