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HIGH v. CAPITAL SENIOR LIVING PROPS. 2-HEATHERWOOD

Case No. 08-13066.

594 F.Supp.2d 789 (2008)

Sidney HIGH, personal representative of the Estate of Vunies B. High, deceased, Plaintiff, v. CAPITAL SENIOR LIVING PROERTIES 2—HEATHERWOOD, INC., Defendants.

United States District Court, E.D. Michigan, Southern Division.

December 17, 2008.

Attorney(s) appearing for the Case

Jules B. Olsman, Stephanie L. Arndt Olsman, Mueller, Berkley, MI, Richard H. Bernstein, Samuel I. Bernstein Assoc., Farmington Hills, MI, for Plaintiff.

Kenneth M. Mattson, Plunkett & Cooney, Detroit, MI, for Defendants.

OPINION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS

DAVID M. LAWSON, District Judge.

Relying on an unsigned agreement containing arbitration and choice-of-forum clauses, the defendant has moved to dismiss this wrongful death case for failure to state a claim, want of subject-matter jurisdiction and improper venue. The parties presented oral argument on the motion in open court on December 11, 2008. Because the record casts considerable doubt over...

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