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M&I MARSHALL & ILSLEY BK. v. SADER & GARVIN

No. WD 71399.

318 S.W.3d 772 (2010)

M & I MARSHALL & ILSLEY BANK, Appellant, v. SADER & GARVIN, L.L.C., et al., Respondents.

Missouri Court of Appeals, Western District.

August 31, 2010.

Attorney(s) appearing for the Case

Mark S. Carder and Nicholas J. Zluticky , Kansas City, MO, for Appellant.

James C. Morrow and M. Casey McGraw , Kansas City, MO, for Respondents.

Before Division I: JAMES M. SMART, JR., Presiding Judge, and MARK D. PFEIFFER and CYNTHIA L. MARTIN, Judges.

MARK D. PFEIFFER, Judge.

M & I Marshall and Ilsley Bank (M & I) appeals the order of the Circuit Court of Jackson County (trial court) granting Sader & Garvin, L.L.C.'s (S & G) motion to dismiss arbitration. In this interlocutory appeal, M&I argues that (1) the arbitration clause it relies upon was a valid and enforceable contract between the parties and (2) M & I did not waive its right to seek...

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