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United States Eighth Circuit


Franke v. Poly-America Medical & Dental Benefits Plan, 08-1637

In an ERISA suit over the denial of compensation for medical bills, denial of defendant's motion to compel arbitration is reversed and remanded to the district court to order arbitration where the arbitration agreement covered the dispute in question, and a severability clause allowed the arbitration to proceed once terms found to be invalid under ERISA had been removed.

Appellate Information

  • Decided 02/05/2009
  • Published 02/05/2009

Judges

  • WOLLMAN, Circuit Judge., Before WOLLMAN, BEAM, and BENTON, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Stephen P. Lucke, argued, Kari S. Berman, Diane Bratvold, Glen M. Salvo and Stephen P. Lucke, on the brief, Minneapolis, MN, for appellant.

  • For Appellees:
  • Mark M. Nolan, argued, Mark M. Nolan, Jodell M. Galman, on the brief, St. Paul, MN, for appellee.
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