United States Court of Appeals Fifth Circuit F I L E D In the February 11, 2004 United States Court of Appeals Charles R. Fulbruge III for the Fifth Circuit Clerk _______________

m 03-20484 _______________

COMMINT, INC.; COMMINT TECHNICAL SERVICES, INC.; AND W. KEITH KELLEY,

Plaintiffs-Appellees,

VERSUS

STEVEN BUCH; JAY R. SEVERAL; ETRAC SOLUTIONS, INC.; AND ROBERT ANDREW ASSOCIATES, INC.,

Defendants-Appellants.

_________________________

Appeal from the United States District Court for the Southern District of Texas m H-02-CV-2982 _________________________

Before HIGGINBOTHAM, SMITH, and sought to compel arbitration of all claims WIENER, Circuit Judges. pursuant to an arbitration clause in one of several related agreements. The district court PER CURIAM:* denied arbitration, and defendants appeal.

Plaintiffs sued in state court, and We have read the briefs and have heard the defendants, after removing to federal court, arguments of counsel and have reviewed per- tinent portions of the record. We conclude that the arbitration clause is not enforceable * Pursuant to 5TH CIR. R. 47.5, the court has deter- against parties that are not signatories to the mined that this opinion should not be published and is agreement that contains that clause. The order not precedent except under the limited circumstances appealed from is AFFIRMED. set forth in 5TH CIR. R. 47.5.4.