CMH HOMES, INC. v. GOODNER

No. 12-3381.

729 F.3d 832 (2013)

CMH HOMES, INC.; Vanderbilt Mortgage & Finance, Inc., Plaintiffs-Appellants, v. Thomas R. GOODNER; Linda Goodner, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

September 5, 2013.


Attorney(s) appearing for the Case

Lee Edmundson Bains, Jr. , argued, Birmingham, AL ( Lyn Peoples Pruitt and Anton L. Janik , Little Rock, AR, Christopher Scott Randolph, Jr. ; Edward Simmons Sledge, IV ; William Thomas Mayfield, IV ; W. Scott Simpson ; Thomas W. Thagard, III ; and Lorrie Lizak Hargrove , Birmingham, AL, on the brief), for appellant.

Russell S. Post , argued, Houston, TX ( John Clinton Goodson and Donald Mattson Keil , Texarkana, AR, Todd M. Turner , Arkadelphia, AR, Michael B. Angelovich , Austin, TX, Richard Eugene Norman and Ronald M. Weber, Jr. , Houston, TX, Baldemar Gutierrez, Alice , TX, David Rumley , Corpus Christi, TX, on the brief), for appellee.

Before COLLOTON and SHEPHERD, Circuit Judges, and ROSE, District Judge.


COLLOTON, Circuit Judge.

Thomas and Linda Goodner sued Vanderbilt Mortgage & Finance, Inc., CMH Homes, Inc., and Clayton Homes, Inc., which owns Vanderbilt and CMH Homes, in state court in Arkansas. Vanderbilt and CMH Homes (together, "the companies") filed a petition in the United States District Court for the Western District of Arkansas, alleging that the Goodners' claims are subject to mandatory arbitration. The Goodners moved to dismiss the petition, arguing...

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