JACKS v. CMH HOMES, INC.

No. 15-6197.

856 F.3d 1301 (2017)

Jacquelynn (Jackie) L. JACKS; Stuart L. Rees, wife and husband; Harley J. Jacks; Jacquelynn (Jackie) L. Jacks, as next friend for T.J.M., a minor, and A.J.J., a minor, Plaintiffs-Appellees, v. CMH HOMES, INC., d/b/a Oakwood Homes Oklahoma City, and d/b/a Clayton Manufactured Homes; CMH Manufacturing, Inc., a/k/a Karsten Homes, Defendants-Appellants, and Vanderbilt Mortgage and Finance, Inc., Defendant.

United States Court of Appeals, Tenth Circuit.

FILED May 17, 2017.


Attorney(s) appearing for the Case

W. Scott Simpson of Simpson, McMahan, Glick & Burford, PLLC, Birmingham, Alabama ( Jonathan E. Beling of Simpson, McMahan, Glick & Burford, PLLC, Birmingham, Alabama, and Joseph R. Farris , Sarah Buchan , and Brynna Schellbar of Franden, Farris, Quillin, Goodnight + Roberts, Tulsa, Oklahoma, with him on the briefs) for Defendants-Appellants.

Michael M. Reynolds of DeBois, Sherrill & Reynolds, Duncan, Oklahoma, for Plaintiffs-Appellees.

Before MATHESON, McKAY, and MORITZ, Circuit Judges.


In 2009, Jacquelyn Jacks bought a manufactured home from CMH Homes, Inc., on installment. The purchase was financed through CMH Homes under a manufactured-home retail installment contract. The contract contains an arbitration agreement, which provides that all disputes arising from, or relating to, the contract would be resolved...

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