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United States Eleventh Circuit


BESS v CHECK EXPRESS, 00-16479

Where plaintiff was not likely to incur prohibitive costs through arbitration, court's reasoning in denying a motion to compel arbitration was in error, and the issue of legality of deferred payment transactions is one for the arbitrator; an arbitration agreement did not grossly favor the lender, and is not facially void because it is undated.

Appellate Information

  • Decided 06/19/2002
  • Published 06/19/2002

Judges

  • COX, Circuit Judge:, Before BIRCH, COX and ALARCON , Circuit Judges.

Court

  • United States Eleventh Circuit

Counsel

  • For Appellant:
  • Vaneta Lynne Windham, State Banking Dept., Montgomery, AL, for Alabama State Banking Dept., Amicus Curiae.

  • For Appellees:
  • George W. Walker, III,Shannon L. Holliday, Copeland, Franco, Screws & Gill, P.A., Montgomery, AL, J. Mark White, William M. Bowen, Jr., White, Dunn & Booker, Birmingham, AL, for Defendants-Appellants., Michael Skotnicki, Birmingham, AL, for Plaintiffs-Appellees.
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