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AMERICAN HEALTH AND LIFE INS. CO. v. HEYWARD

No. CIV.A. 2:02-3750-18.

272 F.Supp.2d 578 (2003)

AMERICAN HEALTH AND LIFE INSURANCE CO., Plaintiff, v. Daniel HEYWARD, Defendant.

United States District Court, D. South Carolina, Charleston Division.

July 17, 2003.

Attorney(s) appearing for the Case

Benjamin Rush Smith, III, Don Lawrence Kristinik, III, Thad H. Westbrook, Columbia, SC, for Plaintiff.

Mary Leigh Arnold, Charleston, SC, for Defendant.

MEMORANDUM OPINION AND ORDER

NORTON, District Judge.

This matter is before the court on defendant's motion to dismiss plaintiff's Complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. For the reasons set forth below, defendant's motion is granted.

I. Background

In this action, plaintiff American Health and Life Insurance Co. ("American") is seeking to compel arbitration of a suit filed against it in state court by defendant...

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