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LIBERTY MUT. v. MANDAREE SCHOOL DIST. # 36

No. 4:06-cv-56.

459 F.Supp.2d 866 (2006)

LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff, v. MANDAREE PUBLIC SCHOOL DISTRICT # 36, Defendant.

United States District Court, D. North Dakota, Northwestern Division.

October 23, 2006.

Attorney(s) appearing for the Case

Sean O. Smith, Tschider & Smith, Bismarck, ND, Thomas J. Vollbrecht, Faegre & Benson LLP, Minneapolis, MN, for Plaintiff.

Jonathan P. Sanstead, Pearce & Durick, Bismarck, ND, Brittney L. Doherty, Marvin T. Fabyanske, Fabyanske Westra & Hart PA, Minneapolis, MN, for Defendant.

ORDER DENYING DEFENDANT'S MOTION TO COMPEL ARBITRATION AND TO STAY THE LITIGATION

DANIEL L. HOVLAND, Chief Judge.

Before the Court is the Defendant's Motion to Compel Arbitration and to Dismiss or Stay Litigation filed on September 22, 2006. For the reasons set forth below, the Motion to Compel Arbitration and the alternative Motion to Stay the Litigation are denied.

1. BACKGROUND

On July 17, 2006, the plaintiff...

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