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07/18/91 ELLEN H. HAYNES v. ARMIN U. KUDER

July 18, 1991

ELLEN H. HAYNES, APPELLANT
v.
ARMIN U. KUDER, ET AL., APPELLEES



Original Opinion of April 2, 1991,

Terry, Steadman, and Farrell, Associate Judges.

The opinion of the court was delivered by: Per Curiam

ORDER

On consideration of appellant's petition for rehearing, it is

ORDERED that the petition for rehearing is granted to the extent that footnote 7 of this court's opinion filed May 31, 1991, shall be modified to read as follows:

*fn7 We need not decide in this case whether a jury trial is available under the District of Columbia Uniform Arbitration Act on the issue of existence of an agreement to arbitrate. See 9 U.S.C. § 4 (1988); S. REP. NO. 536, 68th Cong., 1st Sess. 8 (1924) (in federal courts, party opposing court-ordered arbitration has Seventh Amendment right to jury trial on issue of existence of contract to arbitrate, which Congress expressly "safeguarded" by statute). Our Conclusion, (infra), that the trial Judge correctly granted what amounts to summary judgment on the issue of fraudulent inducement moots the jury trial question.

It is FURTHER ORDERED that in all other respects the petition for rehearing is denied.

19910718

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