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.

123330P.pdf   12/09/2013  Dakota Foundry, Inc.  v.  Tromley Industrial Holdings
   U.S. Court of Appeals Case No:  12-3330
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Bye, Author, with Smith and Benton, Circuit Judges] 
   Civil Case - arbitration. District court's order denying motion to compel 
   arbitration is affirmed, as Tromley cannot establish the necessary consent 
   to bind Dakota to arbitration clause because the arbitration provision was 
   not readily available to Dakota and Dakota did not have a reasonable 
   opportunity to reject it. In addendum to the agreements, likewise, the 
   parties did not mutually assent to modify their agreement to include the 
   arbitration provision.