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MINNIELAND PRIVATE DAY SC. v. APPLIED UNDERWRITERS

No. 16-1511.

867 F.3d 449 (2017)

MINNIELAND PRIVATE DAY SCHOOL, INC., a Virginia corporation, Plaintiff-Appellee, v. APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 11, 2017.

Attorney(s) appearing for the Case

ARGUED: Daniel William Olivas , LEWIS, THOMASON, KING, KRIEG & WALDROP, Nashville, Tennessee, for Appellant. James Scott Krein , KREIN LAW FIRM, Prince William, Virginia, for Appellee. ON BRIEF: R. Dale Bay , Emily H. Mack , LEWIS, THOMASON, KING, KRIEG & WALDROP, Nashville, Tennessee, for Appellant.

Affirmed in part, reversed in part, and remanded by published opinion. Judge Wynn wrote the opinion, in which Chief Judge Gregory and Judge Shedd joined.

Defendant Applied Underwriters Captive Risk Assurance Company, Inc. ("Applied Underwriters"), a subsidiary of Berkshire Hathaway, Inc., appeals an order of the U.S. District Court for the Eastern District of Virginia (1) denying Applied Underwriters' motion to compel arbitration and (2) holding that Applied Underwriters was...

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