DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

063957P.pdf   10/10/2007  Liberty Mutual Ins.  v.  Mandaree Public
   U.S. Court of Appeals Case No:  06-3957
   District of North Dakota - Bismarck   
   [PUBLISHED](Chief Judge Loken, Author, with Arnold and Colloton,
   Circuit Judges)
   Civil Case - arbitration. District court's denial of motion to compel
   arbitration on ground surety neither agreed nor consented to arbitrate is
   affirmed. Incorporation of construction contract with arbitration clause in
   performance bond does not mandate the surety to arbitrate. Surety did
   not separately enter into agreement to arbitrate. Jurisdiction argument
   raised for the first time on appeal is without merit.