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WRIGHT v. GGNSC HOLDINGS LLC

No. 25953.

808 N.W.2d 114 (2011)

2011 S.D. 95

Lewellyn WRIGHT and Della Richards, Special Co-Administrators of the Estate of Katherine G. Wright, Plaintiffs and Appellees, v. GGNSC HOLDINGS LLC d/b/a Golden Horizons and Golden Living, GGNSC-Rapid City Black Hills LLC, d/b/a Golden Living Center-Black Hills, South Dakota-Beverly Enterprises, Inc. d/b/a Beverly Healthcare-Black Hills, Beverly Enterprises, Inc., Jeffery L. Gengler, Frances K. Franke and John Does 1-10, Names Unknown and Addresses Unknown, and John Does 11-30, Names Unknown and Addresses Unknown, Defendants and Appellants.

Supreme Court of South Dakota.

Decided December 28, 2011.

Attorney(s) appearing for the Case

Carol A. Pahlke , Rapid City, South Dakota and Kyle J. Long of The Robert Pahlke Law Group, Scottsbluff, Nebraska, Attorneys for plaintiffs and appellees.

Jeanelle R. Lust , Kevin R. McManaman of Knudsen, Berkheimer, Richardson & Endacott, LLP, Lincoln, Nebraska, Attorneys for defendants and appellants.

ZINTER, Justice.

[¶ 1.] The parties' arbitration agreement provided that arbitration would occur "in accordance with the National Arbitration Forum Code of Procedure," but the National Arbitration Forum (NAF) became unavailable to administer its Code and the arbitration. Defendants-Appellants (collectively "GGNSC") moved the circuit court to appoint a substitute arbitrator under Section 5 of the Federal Arbitration Act (FAA). The circuit court concluded that...

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