111781P.pdf   03/06/2012  Local 36 Sheet Metal Workers'  v.  Michael Whitney
   U.S. Court of Appeals Case No:  11-1781
   U.S. District Court for the Western District of Missouri - Springfield   
   [PUBLISHED] [Gruender, Author, with Smith and Colloton, Circuit Judges]
   Civil Case - arbitration. A non-signatory to an arbitration agreement need
   not participate in the arbitration while reserving jurisdictional questions,
   file a preemptive declaratory judgment action, notify the arbitrator of its
   refusal to participate, or timely initiate a court action to vacate the
   arbitrator's award in order to have the question whether the parties agreed
   to arbitrate decided by the court. District court's adverse summary
   judgment as to Whitney, doing business as Whitney Industrial is vacated
   and remanded to determine in the first instance whether Whitney d/b/a
   Whitney Industrial is the alter ego of Whitney Mechanical.