United States Fifth Circuit

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BANC ONE ACCEPTANCE CORP. v. HILL, 03-60356

Plaintiff's motion to compel arbitration of the underlying dispute, which arose after it repossessed a car even though the lease payments were current, was properly denied; the arbitration clause was procedurally unconscionable and thus unenforceable under Mississippi law.

Appellate Information

  • Decided 04/19/2004
  • Published 04/19/2004

Judges

  • EDITH H. JONES, Circuit Judge:, Before JONES, EMILIO M. GARZA and BENAVIDES, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Mark Herndon Tyson,McGlinchey Stafford, Jackson, MS, Leonard A. Gail (argued), Barbara A. Wald, Bank One Law Dept., Chicago, IL, for Plaintiff-Appellant.

  • For Appellees:
  • William Liston, III (argued), Liston & Lancaster, Jackson, MS, William H. Liston, Liston & Lancaster, Winona, MS, William Dean Belk, Jr., Clark, Davis & Belk, Indianola, MS, for Defendants-Appellees.