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FORRESTER v. PENN LYON HOMES, INC.

No. 07-2171.

553 F.3d 340 (2009)

Barbara FORRESTER; Gary Forrester, Plaintiffs-Appellees, v. PENN LYON HOMES, INCORPORATED, d/b/a Penn Lyon Homes Corporation; PLH Erectors, Incorporated, Defendants-Appellants, and Fowler Homes, LLC, a Virginia Limited Liability Company, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: January 21, 2009.

Attorney(s) appearing for the Case

ARGUED: Thomas Moore Lawson, Lawson & Silek, P.L.C., Winchester, Virginia, for Appellants. Braun A. Hamstead, Hamstead & Associates, L.C., Martinsburg, West Virginia, for Appellees. ON BRIEF: Brian J. McAuliffe, Martinsburg, West Virginia, for Appellees.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Chief Judge WILLIAMS and Judge NIEMEYER joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Penn Lyon Homes, Inc. and PLH Erectors, Inc. (collectively Penn Lyon) appeal from the district court's order denying their motion to stay court proceedings and compel arbitration of Barbara and Gary Forrester's claims against Penn Lyon. Before moving to compel arbitration, Penn Lyon engaged in extensive litigation measures that caused the Forresters actual prejudice. For this reason, Penn Lyon has defaulted the...

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