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DAN RYAN BUILDERS, INC. v. NELSON

No. 11-1215.

682 F.3d 327 (2012)

DAN RYAN BUILDERS, INCORPORATED, Petitioner-Appellant, v. Norman C. NELSON; Angelia Nelson, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: May 10, 2012.

Attorney(s) appearing for the Case

ARGUED: Susan Renee Snowden , Martin & Seibert, LC, Martinsburg, West Virginia, for Appellant. Lawrence M. Schultz , Burke, Schultz, Harman & Jenkinson, Martinsburg, West Virginia, for Appellees. ON BRIEF: Paul B. Weiss , Martin & Seibert, LC, Martinsburg, West Virginia, for Appellant.

Order of Certification of a question of law to the Supreme Court of Appeals of West Virginia. Judge KEENAN prepared the order, in which Judge FLOYD and Senior Judge MOON joined.

ORDER

BARBARA MILANO KEENAN, Circuit Judge:

The United States Court of Appeals for the Fourth Circuit, exercising the privilege afforded to it by the State of West Virginia through the Uniform Certification of Questions of Law Act, West Virginia Code §§ 51-1A-1 through 51-1A-13, requests that the Supreme Court of Appeals of West Virginia exercise its discretion to answer the following question:

Does West Virginia law require that an arbitration...

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