Burkett, et al v. Amer Bankers Ins Co

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
October 3, 2003
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 03-60196
Summary Calendar
THOMAS W. BURKETT; JENNIFER BURKETT
Plaintiffs - Appellees
VERSUS
AMERICAN BANKERS INSURANCE CO.
Defendant - Appellant
Appeal from the United States District Court
For the Southern District of Mississippi, Jackson
4:02-CV-214-LN
Before DAVIS, EMILIO M. GARZA and PRADO, Circuit Judges.
PER CURIAM:*
For reasons assigned by the district court in its memorandum
opinion and order of February 14, 2003, we agree that appellant,
American Bankers, failed to demonstrate that the parties agreed to
arbitrate the dispute presented in this action.
American Bankers seeks to invoke the arbitration clause in the

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lending agreement between one of appellees and GreenPoint Credit
Corporation (GreenPoint). American Bankers was not a signatory to
the lending agreement and for reasons explained by the district
court none of the exceptional circumstances are present here that
would permit American Bankers to enjoy the benefit of the
arbitration clause included in that agreement.
We, therefore, AFFIRM the district court’s order denying
American Bankers’ motion to compel arbitration.
AFFIRMED.

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