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Kloss v Edward D. Jones -- MT Supreme Court

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§  37-61-421, MCA.

 [*P43]  In its May 7, 2001, Order, the District Court found that the Defendants did not unreasonably or vexatiously multiply the proceedings. After reviewing the record, we conclude that the District Court's finding was not clearly erroneous. Consequently, we affirm the District Court's order denying the motion for attorney fees and costs.

 [*P44]  This case is remanded to the District Court for further proceedings consistent with this opinion.

 TERRY N. TRIEWEILER

We Concur:

 PATRICIA COTTER

 JAMES C. NELSON

 W. WILLIAM LEAPHART

CONCURBY: W. William Leaphart; James C. Nelson

CONCUR:

Justice W. William Leaphart specially concurring.

 [*P45]  I concur in the decision of the Court. I write separately to point out an additional fact that I find significant in determining whether or not the waivers inherent in the arbitration agreement were within Alice Kloss's reasonable expectations.

 [*P46]  The Court notes that the 1998 Agreement contained a pre-dispute arbitration clause which was not signed by Kloss. Rather, Kloss signed a detachable signature card that acknowledged she received a copy of the 1998 Agreement and incorporated the Agreement's arbitration clause by reference. I would also add that the record indicates that the detachable signature card was signed by Kloss before she was ever provided a copy of the Agreement.