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WILDER v. ABSORPTION CORP.

No. 2002-SC-0338-MR.

107 S.W.3d 181 (2003)

Roger WILDER, Individually and d/b/a R. Wilder Sales; Roger Wilder and Dennis Kelley, Individually and d/b/a R & D Midwest Pet Supply, Appellants, v. ABSORPTION CORPORATION, Real Party in Interest, and Hon. Joseph Bamberger, Judge Boone Circuit Court, Appellees.

Supreme Court of Kentucky.

June 12, 2003.

Attorney(s) appearing for the Case

Marc Douglas Dietz and Dennis R. Williams, Adams, Stepner, Woltermann & Dusing, Covington, Counsel for Appellants.

Joseph E. Conley, Jr., Buechel, Conley & Schutzman, Covington, Counsel for Appellee Absorption Corporation.

Joseph Bamberger, Boone County Circuit Judge, Burlington, Counsel for Appellee Hon. Joseph Bamberger.

OPINION

WINTERSHEIMER, Justice.

This appeal is from an order of the Court of Appeals granting a writ of mandamus which directs the Boone circuit judge to vacate his May 29, 2001 order which had allowed the claim by Wilder and Kelley against Absorption Corporation to be submitted to binding arbitration in this Commonwealth.

The questions presented are whether the arbitration/choice of forum clause in this contract is unreasonable; whether mandamus...

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