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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 51 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down of the 29th day of June, 2005, are as follows:

BY KNOLL, J.: 2004-C- 2804 C/W 2004-C- 2857 DAVE F. AGUILLARD v. AUCTION MANAGEMENT CORP., GILMORE AUCTION & REALTY COMPANY, BANK OF NEW YORK, AND ITS SERVICER, NEW SOUTH FEDERAL SAVINGS BANK (Parish of Calcasieu) For the foregoing reasons, the judgments of the lower courts that found the contract, including the arbitration clause, adhesionary and lacking in mutuality are reversed, and this matter is stayed pending arbitration. REVERSED; STAY PENDING ARBITRATION GRANTED. KIMBALL, J., concurs in the result. JOHNSON, J., concurs in the result. WEIMER, J., dissents & assigns reasons.

(06/29/2005) SUPREME COURT OF LOUISIANA NO. 04-C-2804 consolidated with NO. 04-C-2857 DAVE F. AGUILLARD VERSUS AUCTION MANAGEMENT CORP., GILMORE AUCTION & REALTY COMPANY, BANK OF NEW YORK, and its Servicer, NEW SOUTH FEDERAL SAVING BANK ON WRIT OF CERTIORARI TO THE COURT OF APPEAL THIRD CIRCUIT, PARISH OF CALCASIEU

KNOLL, Justice This civil case addresses the legal question of whether the court of appeal erred in declaring a contract, including its arbitration agreement, adhesionary. The district court denied the defendants' motion to stay proceedings pending arbitration. The court of appeal affirmed the district court's ruling. We granted this writ particularly to address the validity of the arbitration agreement and to resolve a split among the circuits regarding the enforceability of arbitration agreements contained within consumer standard form contracts under a "contract of adhesion" analysis, a res nova issue before this court. Dave F. Aguillard v. Auction Management Corp., 04-2804 c/w 04-2857 (La. 3/11/05), __ So.2d __. For the following reasons we reverse, finding the lower courts erred in failing to stay the proceedings pending arbitration and adopt a liberal policy favoring arbitrability. FACTS AND PROCEDURAL HISTORY On March 25, 2003, defendant, Gilmore Auction & Realty Company ("Gilmore Realty"), a duly licensed Louisiana auctioneer, conducted a public auction of certain

real estate property located in Sulphur, Louisiana. Gilmore Realty, along with Auction Management Corporation ("Auction Management"),the closing coordinator, acted as agents for the owner of the property defendant Bank of New York. The auction property is described in the record as follows: The East one-half (

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