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MBNA AMERICA BANK, N.A. v. McGOLDRICK

No. 34055.

218 P.3d 785 (2008)

MBNA AMERICA BANK, N.A., Plaintiff-Respondent, v. John L. McGOLDRICK, Defendant-Appellant.

Supreme Court of Idaho, Boise, June 2008 Term.

July 1, 2008.

Attorney(s) appearing for the Case

Belnap, Curtis & Williams, PLLC, Boise, for appellant. R. Wade Curtis argued.

Wilson & McColl, Boise, for respondent. Alec T. Pechota argued.

EISMANN, Chief Justice.

This is an appeal from a judgment confirming an arbitration award. Because the plaintiff failed to prove that the parties had entered into an agreement to arbitrate, we reverse the judgment.

I. FACTS AND PROCEDURAL HISTORY

John McGoldrick opened a credit card account with MBNA America Bank, N.A., (MBNA) on July 8, 1994. After a billing dispute arose, MBNA submitted its claim against...

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