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IN RE ELECTRIC MACHINERY ENTERPRISES, INC.

No. 06-13733 Non-Argument Calendar.

479 F.3d 791 (2007)

In Re: ELECTRIC MACHINERY ENTERPRISES, INC., Debtor. The Whiting-Turner Contracting Company, United States Fidelity and Guaranty Company, Plaintiffs-Appellants, v. Electric Machinery Enterprises, Inc., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 23, 2007.

Attorney(s) appearing for the Case

David M. Landis, Orlando, FL, Roger C. Jones, Huddles, Jones, Sorteberg & Dachille, P.C., Columbia, MD, for Plaintiffs-Appellants.

James Sawyer Myers, McRae & Metcalf, P.A., Tampa, FL, David J. Metcalf, McRae & Metcalf, Tallahassee, FL, for Defendant-Appellee.

Before TJOFLAT, HULL and WILSON, Circuit Judges.

WILSON, Circuit Judge:

This is an interlocutory appeal in a bankruptcy case. We find that the district court erred when it upheld a bankruptcy court's denial of a motion to compel arbitration.

BACKGROUND

The Whiting-Turner Contracting Company ("Whiting-Turner") was the general contractor on the construction of certain improvements at Universal City Development Partners' ("UCDP") theme park known as "Seuss Landing."1 Electric...

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