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HOMA v. AMERICAN EXPRESS CO.

No. 07-2921.

558 F.3d 225 (2009)

G.R. HOMA, individually and on behalf of all others similarly situated, Appellant v. AMERICAN EXPRESS COMPANY; American Express Centurion Bank.

United States Court of Appeals, Third Circuit.

Filed: February 24, 2009.

Attorney(s) appearing for the Case

F. Paul Bland, Jr., Esq. (Argued), Public Justice, Washington, D.C., Gary S. Graifman, Esq., Kantrowitz, Goldhamer & Graifman, Montvale, NJ, for Appellant.

Julia B. Strickland, Esq. (Argued), David W. Moon, Esq., Stroock, Stroock & Lavan, Los Angeles, CA, Louis A. Smith, Esq., Greenberg Traurig, Florham Park, NJ, for Appellees.

Before: AMBRO, WEIS, and VAN ANTWERPEN, Circuit Judges.

OPINION OF THE COURT

VAN ANTWERPEN, Circuit Judge.

This matter came before the United States Court of Appeals for the Third Circuit on appeal from a final judgment of the United States District Court for the District of New Jersey. Appellant brought a class action and Appellees filed a motion to compel arbitration based upon an agreement between the parties. The District Court treated the motion to compel as a motion to dismiss under Federal Rule of Civil...

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