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.

082654P.pdf   07/01/2009  Ronald McNamara  v.  Yellow Transportation, Inc.
   U.S. Court of Appeals Case No:  08-2654
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Melloy, Author, with Loken, Chief Judge, and Benton,
   Circuit Judge]
   Civil case - employment discrimination. District court erred in denying
   Yellow's motion to compel arbitration of plaintiff's retaliation,
   discrimination and FMLA act claims as he was not a worker exempted
   from the Federal Arbitration Act and Yellow did not waive its right to
   arbitrate failing to move for arbitration during the EEOC proceedings
   prior to plaintiff's filing of this suit.