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MARINO v. DILLARD'S, INC.

No. 04-30911.

413 F.3d 530 (2005)

Karen A. MARINO, Plaintiff-Appellee, v. DILLARD'S, INC., formerly known as Dillard's Department Stores, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 21, 2005.

Attorney(s) appearing for the Case

Dale Edward Williams, Metairie, LA, for Marino.

Jacqueline Marie Stroh, Crofts & Callaway, San Antonio, TX, Michael P. Burke, Bryan Cave, St. Louis, MO, David G. Radlauer, Tara G. Richard, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, fro Dillard's, Inc.

Before GARWOOD, GARZA and BENAVIDES, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Karen Marino sued her former employer, Dillard's, Inc. ("Dillard's"), for unlawful termination and failure to accommodate her alleged disability under the Americans with Disabilities Act ("ADA"). Dillard's moved to compel arbitration and to dismiss or stay the judicial proceedings pending arbitration. The district court denied the motion, ruling that Marino had not assented to arbitration. Dillard's implemented an arbitration program...

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