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KILKENNY v. MITCHELL HURST JACOBS & DICK

No. 29A02-0001-CV-58.

733 N.E.2d 984 (2000)

Michael KILKENNY, Appellant-Defendant, v. MITCHELL HURST JACOBS & DICK, Appellee-Plaintiff.

Court of Appeals of Indiana.

August 21, 2000.

Attorney(s) appearing for the Case

Gary P. Price, Peter S. French, Lewis & Kappes, P.C., Indianapolis, Indiana, Attorneys for Appellant.

Kevin McGoff, Kiefer & McGoff, Indianapolis, Indiana, Attorney for Appellee.

OPINION

BAKER, Judge.

Appellant-defendant Michael Kilkenny appeals the trial court's Order to Commence Arbitration with appellee-plaintiff Mitchell Hurst Jacobs & Dick (the Firm). Specifically, Kilkenny argues that the Firm waived its right to arbitration provided in an employment agreement by acting inconsistently with that right.

FACTS

Kilkenny began his employment as an associate attorney in the Firm in September 1993. The...

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