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CARTER v. SCHUSTER

No. 102,602.

227 P.3d 149 (2009)

2009 OK 94

Marie J. CARTER, D.O., and Marie J. Carter, D.O., P.C., Plaintiffs-Appellants, v. Michael SCHUSTER, Defendant-Appellee, and Apex Practice Management, LLC, and TSG, Inc., Defendants.

Supreme Court of Oklahoma.

As Corrected December 18 & 22, 2009.

Attorney(s) appearing for the Case

Michael Paul Kirschner, Lorrie A. Corbin, Jim W. Lee, Kirschner, Kisner & Lee, PLLC, Oklahoma City, OK, for Plaintiffs-Appellants.

Shawn J. Roberts, Craig E. Brown, Brown & Roberts, PC, Oklahoma City, OK, for Defendant-Appellee.

T.P. Howell, J. Clay Christensen, Day, Edwards, Propester & Christensen, P.C., Oklahoma City, OK, for Defendant-Appellee.

WINCHESTER, J.

¶ 1 The issue in this cause is whether a person, who signed an agreement on behalf of a corporation as its agent, which contained an arbitration clause, can be treated by the arbitration authority as an individual party to the arbitration. We hold that under these facts, he cannot be considered as a party to the agreement to arbitrate.

I. Facts and Procedure

¶ 2 Dr. Mary J. Carter, plaintiff-appellant,1...

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