United States Fourth Circuit

Denial of defendant's motion to compel arbitration is reversed where the district court incorrectly determined that defendant's participation in pre-trial activity constituted a waiver of the arbitration provision.

Appellate Information

• Decided 08/18/2004
• Published 08/19/2004

Judges

• Before WIDENER and DUNCAN, Circuit Judges, and Louise W. FLANAGAN, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Jonathan D. Crumly, Sr., Alston & Bird, Atlanta, Georgia, for Appellants.  Theodore Sanders Stern, Jr., Covington, Patrick, Hagins, Stern & Lewis, P.A., Greenville, South Carolina, for Appellee.   ON BRIEF:J. Andrew Howard, Alston & Bird, Atlanta, Georgia, for Appellants.