NECA-IBEW Rockford Local Union 364 Health and Welfare Fund v. A&A Drug Co.

Dist. Ct. did not err in granting defendant’s motion to dismiss plaintiff’s action alleging that defendant improperly billed it for drug dispensing services at rates not authorized in agreement signed by instant parties. Basis of motion to dismiss was existence of arbitration clause contained in separate agreement for drug dispensing services that was offered by defendant, but never signed by plaintiff, and Dist. Ct. could properly find that separate agreement containing arbitration clause had been ratified by plaintiff under circumstances, where plaintiff had received for period of years more favorable rate schedule and other benefits contained in separate agreement, with both direct and imputed knowledge that it had been receiving said favorable rates and benefits without ever repudiating said favorable treatment.