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GARRETT v. CIRCUIT CITY STORES, INC.

No. 04-11360.

449 F.3d 672 (2006)

Michael T. GARRETT, Plaintiff-Appellee, v. CIRCUIT CITY STORES, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 11, 2006.

Attorney(s) appearing for the Case

Robert E. Goodman, Jr. (argued), Dallas, TX, for Garrett.

John Gray Harrison (argued), Lela Rosalee Loriane Pickell, Ogletree, Deakins, Nash, Smoak & Stewart, Dallas, TX, for Defendant-Appellant.

Christopher Herbert Hahn, Vinson & Elkins, Austin, TX, for Texas Employment Law Council, Amicus Curiae.

John S. Odom, Jr., Jones, Odom, Davis & Politz, Shreveport, LA, for Reserve Officers Ass'n, Amicus Curiae.

Before JONES, Chief Judge, and KING and DENNIS, Circuit Judges.

EDITH H. JONES, Chief Judge:

The issue in this case is whether a provision of the Uniformed Services Employment and Reemployment Rights Act ("USERRA"), 38 U.S.C. § 4302(b), which protects the employment rights of members of the armed forces, precludes the enforcement of individual contracts to arbitrate such disputes. We hold that it does not. Accordingly, we reverse the district court's contrary conclusion.

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