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SCHWARZ v. GIERKE

No. 20090220.

788 N.W.2d 302 (2010)

2010 ND 166

Nicole SCHWARZ, Steven Schwarz, and Christopher Schwarz, Plaintiffs and Appellees v. Deanne J. GIERKE, Defendant and Appellant.

Supreme Court of North Dakota.

August 30, 2010.

Attorney(s) appearing for the Case

Anthony Joseph Weiler , Bismarck, N.D., for plaintiffs and appellees.

Eric D. Martin (argued) and Jeffrey J. Kalinowksi (on brief), Bryan Cave LLP, St. Louis, Mo., and Thomas D. Kelsch (appeared), Mandan, N.D., for defendant and appellant.

CROTHERS, Justice.

[¶ 1] Deanne J. Gierke appeals the district court's order denying her motion to compel arbitration. We reverse and remand to the district court for entry of an order compelling arbitration of the dispute because we conclude the district court erred in holding the relevant arbitration provision does not apply.

I

[¶ 2] Nicole Schwarz, Steven Schwarz and Christopher Schwarz ("Schwarzes"), the children and beneficiaries of...

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