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LENZ v. YELLOW TRANSP., INC.

No. 05-1641.

431 F.3d 348 (2005)

Troy J. LENZ, Appellee, v. YELLOW TRANSPORTATION, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 16, 2005.

Attorney(s) appearing for the Case

Robert W. McKinley, argued, Kansas City, MO (Bridget B. Romero, on the brief), for appellant.

Troy A. Skinner, argued, Des Moines, IA, for appellee.

Before BYE, BEAM, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Yellow Transportation, Inc., ("Yellow") appeals from the district court's order denying its motion to compel arbitration. Yellow argues that the district court erred in finding that Troy Lenz, a former Customer Service Representative for Yellow, is included in the "transportation worker" exemption of the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1. For the reasons discussed below, we now reverse.

I. Background

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