FRANKE v. POLY-AMERICA MEDICAL AND DENTAL BENEFITS

No. 08-1637.

555 F.3d 656 (2009)

James G. FRANKE, and all others similarly situated, Appellee, v. POLY-AMERICA MEDICAL AND DENTAL BENEFITS PLAN, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 5, 2009.


Attorney(s) appearing for the Case

Stephen P. Lucke, argued, Kari S. Berman, Diane Bratvold, Glen M. Salvo and Stephen P. Lucke, on the brief, Minneapolis, MN, for appellant.

Mark M. Nolan, argued, Mark M. Nolan, Jodell M. Galman, on the brief, St. Paul, MN, for appellee.

Before WOLLMAN, BEAM, and BENTON, Circuit Judges.


WOLLMAN, Circuit Judge.

Poly-America Medical and Dental Benefits Plan (the Plan) appeals from the district court's denial of its motion to compel arbitration. We reverse and remand for entry of an order compelling arbitration.

I.

James G. Franke has been employed by Up-North Plastics Inc., an affiliate of Poly-America, L.P., since 2001. Through this employment, Franke enrolled in the Plan, which is governed by the Employee Retirement Income Security...

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