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WARREN v. SMART CHOICE PAYMENTS, INC.

A166758.

475 P.3d 444 (2020)

306 Or. App. 634

Jason WARREN, Plaintiff-Respondent, v. SMART CHOICE PAYMENTS, INC.; Wholesale Merchant Processing, Inc.; North American Processing Solutions, LLC; and Todd McCartney, Defendants-Appellants.

Court of Appeals of Oregon.

September 23, 2020.

Attorney(s) appearing for the Case

Kevin J. Jacoby, Salem, argued the cause and filed the briefs for appellants. Also on the reply brief was Colin P. Mackenzie.

Michael A. Cox, Portland, argued the cause for respondent. Also on the brief was Law Office of Michael A. Cox.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

Defendants appeal from a trial court order denying their petition to compel arbitration. Defendants assign error to the trial court's denial, contending that the court erred in (1) concluding that a 2008 agreement with an arbitration clause was superseded by a 2009 agreement that did not require arbitration and (2) deciding, in the alternative...

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