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FRENCH v. WACHOVIA BANK

No. 08-2197.

574 F.3d 830 (2009)

Brian FRENCH, David French, Jeanna French and Paula French Van Akkeren, Plaintiffs-Appellees, v. WACHOVIA BANK, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 31, 2009.

Attorney(s) appearing for the Case

Nicole M. Moen (argued), Fredrikson & Byron, Minneapolis, MN, Steven P. Bogart, Reinhart, Boerner, Van Deuren, Milwaukee, WI, for Plaintiffs-Appellees.

John L. Kirtley, Michael B. Apfeld (argued), Godfrey & Kahn, Milwaukee, WI, for Defendant-Appellant.

Before RIPPLE, MANION and TINDER, Circuit Judges.

RIPPLE, Circuit Judge.

Brian French, David French, Jeanna French and Paula French Van Akkeren ("the French beneficiaries") are beneficiaries of the French family trust ("Trust"), which their father set up in 1991. In 2006, the French beneficiaries filed a two-count complaint against the trustee, Wachovia Bank ("the Bank"). Upon motion of the Bank, the district court concluded that Count I of the complaint was not arbitrable, but that Count II was arbitrable; it therefore...

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