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JACKSON COUNTY v. McCLAIN ENTERPRISES, INC.

No. WD 66025.

190 S.W.3d 633 (2006)

JACKSON COUNTY, Missouri, Respondent, v. McCLAIN ENTERPRISES, INC. et al, Defendant Bill House Excavating Co., Appellant.

Missouri Court of Appeals, Western District.

May 9, 2006.

Attorney(s) appearing for the Case

Jeffrey C. Baker and William P. Denning, Overland Park, KS, for Appellant.

Richard E. McLeod, Kansas City, MO, for Respondent.

Steven F. Coronado, Kansas City, MO, for Defendant.

Before RONALD R. HOLLIGER, P.J., HAROLD L. LOWENSTEIN, and ROBERT G. ULRICH, JJ.

ROBERT G. ULRICH, Judge.

Bill House Excavating Co. (Excavating) appeals from the order of the Jackson County Circuit Court overruling its motion to compel arbitration. In its sole point on appeal, Excavating claims the trial court erred in overruling its motion to compel arbitration because a valid and enforceable agreement to arbitrate existed. The order is reversed, and the matter is remanded to the trial court with directions.

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