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ROSSI FINE JEWELERS, INC. v. GUNDERSON

No. 21961.

648 N.W.2d 812 (2002)

2002 SD 82

ROSSI FINE JEWELERS, INC., d/b/a Nature's 10 Jewelers, Dubois Mall, Plaintiff and Appellant, v. Brian GUNDERSON, Defendant and Appellee, and Nature's 10 Jewelers, Inc., a South Dakota Corporation; Mylan Ventures, Ltd., a North Dakota Corporation; Mike Alvano; Frank Barnes; Kirk Gardner; Jerry Haack; Barney Schumacher; and Randy Slaybaugh, Defendants.

Supreme Court of South Dakota.

Decided July 10, 2002.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr., Steven M. Johnson of Johnson, Heidepriem, Miner, Marlow and Janklow, Sioux Falls, South Dakota, Matthew S. McCaulley of Hynes & McCaulley, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

Tina Hodne of Berenstein, Moore, Berenstein, Heffernan & Moeller, Sioux City, Iowa, Attorney for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] In this appeal, we decide whether a contract clause requires compulsory arbitration. The trial court ruled that federal law mandates arbitration. We affirm.

Background

[¶ 2.] Defendant Nature's 10, Inc., was incorporated in South Dakota in 1995. In 1996, defendant Mylan Ventures, Ltd., a Wyoming corporation, purchased Nature's 10. The remaining defendants, Mike Alvano, Frank Barnes, Kirk Gardner, Brian Gunderson...

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