United States Eighth Circuit

In a dispute between parties to a contract to remodel and expand a public school wherein the school district attempted to compel the surety on a performance bond to arbitrate, denial of the motion to compel is affirmed as: 1) the performance bond did not contain an agreement to argument, despite the fact that it incorporated the construction contract which had an arbitration provision; 2) the surety did not otherwise agree to arbitrate the dispute; and 3) a jurisdictional argument was untimely and without merit.

Appellate Information

• Decided 10/10/2007
• Published 10/10/2007

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, ARNOLD and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Mark R. Becker, M.T. Fabyanske, Aaron A. Dean, argued, Minneapolis, MN, Jonathan Sanstead, Birsmack, ND, on the brief, for Appellant.


• For Appellees:
  
• Thomas J. Vollbrecht, argued, Scott H. Ikeda, Minneapolis, MN, Sean O. Smith, Birsmack, ND, on the brief, for Appellee.