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McLAUGHLIN v. McCANN

C.A. No. 3067-VCS.

942 A.2d 616 (2008)

Robert McLAUGHLIN, Thomas DiBiase, and Vincent Dibiase, Plaintiffs, v. Robert F. McCANN, Carol A. McCann, Kevin M. Lyons, and Joan E. Lyons, Defendants, American Family Mortgage Company and American Family Mortgage Corporation, Nominal Defendants.

Court of Chancery of Delaware.

Decided: February 21, 2008.

Attorney(s) appearing for the Case

Sean J. Bellew, Esquire, David A. Felice, Esquire, Cozen O'Connor, Wilmington, Delaware, Attorneys for Plaintiffs,

Robert A. Penza, Esquire, Christopher M. Coggins, Esquire, Gordon, Fournaris & Mammarella, P.A., Wilmington, Delaware, Attorneys for Defendants.

OPINION

STRINE, Vice Chancellor.

I. Introduction

This dispute involves the familiar small business deal gone bad story. The agreement underlying the transaction contains an arbitration clause that one side of the transaction wishes to enforce and the other side wishes to avoid. The particular issue addressed in this decision is who — this court or an arbitrator — should decide whether and to what extent the parties' claims...

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