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District court's denial of defendant's motion to compel arbitration of plaintiff's retaliation, gender discrimination, and Family and Medical Leave Act claims is reversed where plaintiff was not a transportation worker exempted from the Federal Arbitration Act and defendant did not waive its right to arbitrate by failing to move for arbitration during the EEOC proceedings prior to plaintiff's filing of this suit.
Appeal from the United States District Court for the District of South Dakota.
Submitted: February 13, 2009
Filed: July 1, 2009
Before LOKEN, Chief Judge, MELLOY and BENTON, Circuit Judges.
Opinion by MELLOY, Circuit Judge.
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