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ENTREKIN v. INTERNAL MEDICINE ASSOCIATES OF DOTHAN

No. 11-10730.

689 F.3d 1248 (2012)

Thomas Arthur ENTREKIN, as Executor of the Last Will and Testament of Edith L. Entrekin, Deceased, Plaintiff-Appellee, v. INTERNAL MEDICINE ASSOCIATES OF DOTHAN, P.A., Calvin L. Reid, M.D., Defendants, Westside Terrace, LLC, d.b.a. Westside Terrace Health & Rehabilitation Center, Turenne & Associates, LLC, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 9, 2012.

Attorney(s) appearing for the Case

William Sims Stone , Andy Joel Williams, Jr. , Blakely, GA, for Plaintiff-Appellee.

William S. Haynes , Stephen Parrish Dees , Robert Austin Huffaker, Jr. , Rushton Stakely Johnston & Garrett, PA, Montgomery, AL, for Defendants-Appellants.

Richard J. Brockman , Angela C. Cameron , Daniel E. McBrayer , Johnston Barton Proctor & Rose, LLP, Birmingham, AL, for Plaintiff-Amicus Curiae.

Before CARNES and HULL, Circuit Judges, and ROTHSTEIN, District Judge.

CARNES, Circuit Judge:

When Edith Entrekin was admitted to a nursing home in Dothan, Alabama, she signed a contract requiring the arbitration of "all claims or disputes" that she or the executor of her future estate might have against the nursing home. After Entrekin died, the executor of her estate brought an action against the nursing home for damages under Alabama's wrongful death statute, Ala.Code § 6-5-410. The district court denied the nursing home's motion...

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