MCMILLAN v. GOLD KIST, INC.

No. 3593.

353 S.C. 353 (2003)

577 S.E.2d 482

Jimmie D. McMILLAN, Respondent, v. GOLD KIST, INC., Appellant.

Court of Appeals of South Carolina.

Decided January 27, 2003.

Rehearing Denied March 20, 2003.


Attorney(s) appearing for the Case

Joseph Gregory Studemeyer, of Columbia; for Appellant.

Clyde A. Eltzroth, Jr., and John E. Parker, of Hampton; for Respondent.


HEARN, C.J.:

Gold Kist, Inc. appeals from two circuit court orders finding it was prohibited from enforcing an arbitration agreement adopted by an amendment to its bylaws. Gold Kist argues that by signing a membership agreement, McMillan was bound by Gold Kist's subsequently adopted arbitration policy. We agree and reverse.

FACTS

Gold Kist is an agricultural cooperative organized under and governed...

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