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DELL WEBB COMMUNITIES, INC. v. CARLSON

No. 15-1385.

817 F.3d 867 (2016)

DELL WEBB COMMUNITIES, INC.; Pultegroup, Inc., Petitioners-Appellants, v. Roger F. CARLSON; Mary Jo Carlson, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 28, 2016.

Attorney(s) appearing for the Case

ARGUED: Robert Leon Widener , McNair Law Firm, P.A., Columbia, South Carolina, for Appellants. Michael S. Seekings , Leath Bouch & Seekings, LLP, Charleston, South Carolina, for Appellees. ON BRIEF: A. Victor Rawl, Jr. , Henry W. Frampton, IV , McNair Law Firm, P.A., Charleston, South Carolina, for Appellants. William Jefferson Leath, Jr. , Leath Bouch & Seekings, LLP, Charleston, South Carolina; Phillip W. Segui, Jr. , Amanda Morgan Blundy , Segui Law Firm, PC, Mount Pleasant, South Carolina, for Appellees.

Reversed, vacated, and remanded by published opinion. Judge DIAZ wrote the opinion, in which Chief Judge TRAXLER and Judge GREGORY joined.

Roger and Mary Jo Carlson signed a sales agreement with PulteGroup, Inc. and its subsidiary Del Webb Communities, Inc. (together, "Pulte") for the purchase of a lot and construction of a home in Hilton Head, South Carolina. The agreement contained an arbitration clause. This appeal stems from the Carlsons' attempt to arbitrate...

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