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OSBORN EX REL. OSBORN v. BROOKDALE SR. LIVING, INC.

No. 107,070. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

241 P.3d 674 (2010)

2010 OK CIV APP 115

Noel OSBORN, by and through his Legal Guardians, Rick OSBORN and Terry Osborn, Plaintiffs/Appellees, v. BROOKDALE SENIOR LIVING, INC.; Brookdale Senior Living, Inc., d/b/a Alterra Sterling House of Edmond; and Bill Godwin, Defendants/Appellants.

Court of Civil Appeals of Oklahoma, Division No. 4.

Certiorari Denied October 11, 2010.

Attorney(s) appearing for the Case

John Wiggins , Emily D. Nash , Wiggins Sewell & Ogletree, Jeff D. Marr , Marr Law Firm, Oklahoma City, OK, for Plaintiffs/Appellees.

John J. Bowling , Thomas A. Le Blanc , Matthew B. Free , Best & Sharp, Tulsa, OK, for Defendants/Appellants.

JOHN F. FISCHER, Judge.

¶ 1 The district court defendants, Brookdale Senior Living, Inc., and Brookdale Senior Living, Inc., d/b/a Alterra Sterling House of Edmond (collectively, Alterra) appeal the district court's Order Denying Motion To Compel Arbitration pursuant to 12 O.S. Supp.2009 § 1879(A)(1). We find that the plaintiff's action is not subject to arbitration, and, therefore, affirm the order of the district court.

BACKGROUND

¶...

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